Introduction
Welcome to Blooio LLC ("Blooio," "we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of our technology platform that provides integration services for messaging capabilities, including any related websites, applications, APIs, and services (collectively, the "Service"). Our Service is designed to provide technology that facilitates communication via various messaging protocols.
By accessing, using, or paying for the Service, you agree to be bound by these Terms and our Privacy Policy, and our Acceptable Use Policy. If you do not agree to these Terms, you must not access or use the Service.
Acceptance & Eligibility
Your use of the Service — including browsing our website, creating an account, or making any payment for any shared, dedicated, inbound, trial, or enterprise offering — constitutes your unconditional agreement to these Terms.
You represent and warrant that you are: (a) at least eighteen (18) years old; (b) of legal capacity to enter into a binding contract under the laws of the United States and the state in which you reside; and (c) not barred from using the Service under any applicable law. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you and the organization.
Service Description & Availability
The Service provides technology tools to integrate messaging communication capabilities within third-party platforms. Features and capabilities may vary depending on the selected plan.
The Service connects to third-party infrastructure, including but not limited to various messaging networks and platforms. We do not control these third-party services and are not responsible for their availability, functionality, or terms of use. Service interruptions or changes may occur due to factors beyond our control.
Plan-specific service constraints. Inbound numbers are reply-only and may send outbound messages only to recipients who previously messaged that number. Shared and trial numbers use pooled sending infrastructure, are subject to their stated new-recipient and trial allowances, and may not route an inbound-first message to your organization. A free trial, when offered, has limited messages and features, remains subject to these Terms, and does not require payment unless you choose to upgrade.
References to "unlimited messages" or "unlimited new conversations" mean that the applicable plan has no per-message fee or fixed plan entitlement of that type. They do not exempt you from organization-configured outbound limits, messaging safety controls, recipient opt-outs, these Terms, the Acceptable Use Policy, or third-party network restrictions.
Self-serve billing. Paid self-serve plans renew monthly unless a separate written order states otherwise. A confirmed cancellation takes effect immediately, ends the associated access, may release the phone number, and does not produce a prorated refund except where required by law. See Section 9.
It is important to understand that the Service is designed to facilitate direct, peer-to-peer communication by providing an abstraction layer over existing messaging protocols. We are not a spam service, nor do we endorse or facilitate unsolicited messaging. Our goal is to simplify and enhance your ability to connect and communicate with the people you already have relationships with, not to enable mass unsolicited outreach.
We target 99.9% uptime as an operational objective, not a contractual service-level agreement, credit commitment, or uptime guarantee. Enterprise customers may receive binding availability commitments only where expressly set forth in a separate written Enterprise Order Form signed by both parties. For all other users, the Service is provided on a commercially reasonable best-effort basis.
We may change the technology infrastructure, communication channels, or connectivity methods used to provide the Service at any time, for any user on any plan, without prior notice. This may be necessary for operational reasons, maintenance, security, or compliance.
The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind.
User Accounts
You may need to register for an account to access certain features. You agree to provide accurate, current, and complete information during registration and keep it updated. You are responsible for safeguarding your account credentials and API keys, and for all activities that occur under your account.
If you discover any unauthorized use of your account or credentials, you agree to notify us by emailing security@blooio.com within twenty-four (24) hours of discovery. You remain responsible for activity on your account until we confirm your credentials have been rotated or the account has been suspended.
User Obligations and Responsibilities
You agree to:
- Comply with all applicable local, state, and federal laws, regulations, and ordinances in your use of the Service. This includes, but is not limited to, the Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227), the CAN-SPAM Act, and any state laws governing telemarketing, messaging consent, data privacy, and commercial communications. You are solely and exclusively responsible for ensuring your use is lawful in your jurisdiction and the jurisdictions of your message recipients.
- Comply with the terms of service and acceptable-use policies of all third-party services you connect with through our platform, including any messaging services or platforms. You acknowledge that you are the end user of any third-party services accessed through our platform, and that we are merely providing technology that connects to those services at your direction.
- Acknowledge that third-party platforms (such as Apple iMessage, Mac, or iPhone) may prohibit automated access, reverse engineering, or indirect integration. It is your responsibility to comply with such restrictions, and we assume no liability for violations of third-party terms resulting from your use of the Service.
- Obtain all consents from message recipients required by applicable law before sending messages via the Service, and maintain records of those consents.
- Where recipients share contact information with you through the Service (for example, a name or profile photo shared in a conversation), provide all legally required notice and obtain any consent required by applicable law for the collection, storage, and use of that information, and honor applicable deletion and opt-out requests.
- Be solely responsible for the content of the messages you send using the Service and the manner in which you use our platform.
We are not liable for your failure to comply with any applicable laws or third-party terms. We may monitor usage, message metadata, delivery outcomes, and abuse signals to operate and protect the Service, but we do not select your recipients or direct the content or purpose of your messages. We expressly disclaim responsibility for your use of the Service.
You MUST have a lawful basis to contact every recipient through the Service. That means prior express consent, an Established Business Relationship (EBR), or an exempt operational purpose for a transactional or service notice the recipient expects. For purposes of these Terms, an EBR exists where the recipient has: (a) made a purchase or transaction with you within the last eighteen (18) months; (b) made an inquiry or application to you within the last three (3) months; or (c) otherwise affirmatively interacted with your business in a way that makes the message expected.
Contacting individuals without prior express consent, an EBR, an expected exempt operational purpose, or a prior inbound message — commonly referred to as "cold outreach" — is strictly prohibited. The Service is designed for maintaining and enhancing existing relationships, not for initiating first contact with strangers or unsolicited prospects. Violation of this requirement will result in immediate termination of your account, without refund.
Automation & API Use
The Service includes an API and supports integrations with third-party automation tools (for example, CRMs, workflow platforms, and AI assistants). These capabilities are provided for legitimate business integration — including CRM syncing, workflow automation, scheduled replies, and programmatic handling of messages with existing customers — and are not a license to send mass unsolicited messaging, bulk campaigns, or spam.
When you use the API or any automation feature, you represent and warrant that each message sent through the Service:
- Is sent to a recipient from whom you have obtained all consents required by applicable law, including, where required by the TCPA or its implementing regulations, prior express written consent;
- Is directed to a recipient with whom you have an EBR or an equivalent lawful basis under applicable law;
- Has a lawful business purpose and identifies you as the sender;
- Does not falsely or misleadingly represent its origin or purpose.
You are solely responsible for determining whether your use case constitutes "person-to-person" (P2P), "application-to-person" (A2P), or another regulatory classification under applicable U.S. law, and for complying with the obligations that apply to that classification. We do not make regulatory determinations on your behalf, do not represent that any particular use is or is not A2P, and expressly disclaim liability for your classification decisions and their consequences.
All liability regarding regulatory compliance rests solely between you and the applicable regulator or affected party. You assume full responsibility for:
- Obtaining and documenting appropriate consent before sending messages to any recipient;
- Maintaining records of consents obtained and honoring any requests from recipients to cease contact;
- Ensuring all messages comply with sender-identification requirements in your jurisdiction;
- Any fines, penalties, settlements, or legal consequences resulting from non-compliance with applicable regulations.
You agree to indemnify and hold us harmless from any claims arising from your use of the API or automation features, as further described in Section 15.
API access conditions. In addition to the above, when using the API you agree to:
- Use the API only for the purposes and in the manner expressly permitted by these Terms;
- Not attempt to exceed or circumvent API rate limits or any other usage restrictions we implement;
- Secure your API keys and credentials and immediately notify us at security@blooio.com of any unauthorized use;
- Acknowledge that we may modify, restrict, or discontinue the API, or your access to it, at any time without liability.
We may monitor API usage for compliance with these Terms and may suspend or terminate API access for violations without notice.
Messaging Safety & Sending Limits
To protect recipients, sending numbers, shared infrastructure, and third-party messaging networks, the Service applies automated sending limits and safety controls. These controls operate in addition to your plan limits, your legal obligations, and the restrictions in our Acceptable Use Policy. You must not bypass, disable, evade, or interfere with them.
Independent control layers. A send may be affected by one or more of the following at the same time:
- Plan and account limits, such as a cap on new recipients within a rolling twenty-four-hour period or an organization-configured outbound limit;
- Conversation limits based on the history and engagement of one recipient or chat; and
- Number-level protections based on the recent sending and delivery health of one sending number and related account activity.
Each conversation earns a larger consecutive-message allowance through genuine recipient engagement:
- A new conversation permits up to three plain-text messages before a recipient response. Links, media, and attachments remain unavailable until a written reply.
- A reaction acknowledges the conversation and refreshes the three-message allowance, but does not unlock rich content.
- Conversations with written replies may progress through allowances of four, six, and eight consecutive outbound messages as the two-way history develops.
- After more than fourteen days without a recipient response, the conversation becomes inactive and permits one plain-text re-engagement message before another response is required.
A recipient reply or reaction resets the applicable consecutive-message allowance. Only a written reply unlocks links, media, and attachments.
- Clear: no number-level protection is active, although conversation and plan limits still apply.
- Queue: accepted sends are paced in per-chat bursts with a three-to-eight-second delay.
- Slow: accepted sends use the same burst behavior with a thirty-to-sixty-second delay.
- Pause New: brand-new conversations are blocked while eligible existing conversations remain available.
- Reply Only: outbound messaging is limited to recipients who messaged you first.
- Review: outbound sending is paused pending review by Blooio.
A "burst" is a consecutive run of messages sent to the same chat, up to that conversation's current one-to-eight-message allowance. The pacing timer starts after each outbound message. Another permitted message to the same chat may send immediately and restarts the timer, so the effective Queue or Slow wait is measured from the last message in the burst. A recipient response resets the conversation allowance; it does not itself start the pacing timer.
Signals and recovery. Number-level protections may consider rolling measures such as new-chat volume, written reply rate, repeated first-message patterns, delivery degradation, and recent enforcement against another number associated with your organization. We apply the most restrictive stage required by any active signal. Every active signal must recover before protection fully clears, and recovery may take several days while older activity leaves the applicable rolling window.
Current measurements, recovery targets, and the reason for a number's stage are available on the Limits page in the Service. Technical details for API users are described in our Messaging Safety guide.
Blocked and queued sends. A safety-related HTTP 403 or 429 response is not necessarily a transient rate limit and must not be retried blindly. Queue and Slow accept sends for later dispatch; delivery latency is not a reason to submit duplicates. You are responsible for honoring the machine-readable response code, message status, and applicable recovery instructions.
Changes and optional disabling. We may calibrate classifications, thresholds, delays, and protections based on plan terms, observed risk, Service integrity, and third-party network requirements. Where the Service allows an administrator to disable safety limits for an eligible dedicated number, doing so does not waive these Terms, the Acceptable Use Policy, plan limits, recipient opt-outs, or third-party restrictions. Disabling protection materially increases the risk of an unrecoverable number or account ban, and we do not guarantee that Apple, a carrier, or another provider will restore access.
Prohibited Uses
You agree NOT to use the Service for any of the following:
- Any illegal purpose or in violation of any local, state, or federal law of the United States.
- Sending spam, unsolicited commercial messages, or communications in violation of anti-spam laws (such as CAN-SPAM) or telemarketing laws (such as TCPA).
- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other protected characteristic.
- Infringing upon or violating our intellectual-property rights or the intellectual-property rights of others.
- Reverse engineering, decompilation, disassembly, scraping, or circumvention of any technical or security measures of the Service.
- Unauthorized automation intended to send spam, bulk unsolicited outreach, or otherwise evade the consent and anti-abuse requirements of these Terms or of third-party platforms accessed via the Service (such as iMessage). For clarity, legitimate automation by authorized API users that complies with Section 6 is permitted.
- Transmitting viruses, worms, or any other malicious code.
- Interfering with or circumventing the security features of the Service, any related website, or the Internet.
- Excessive broadcasting or messaging patterns deemed abusive or harmful to the network on a dedicated offering, which may also result in account suspension or termination.
Absolutely NO broadcasting, bulk messaging, mass texting, or sending substantially similar messages to multiple recipients who are not engaged in an active, consensual conversation is permitted on a shared offering. Violation of this rule will result in immediate and permanent termination of your account and access to the Service, without notice or refund. This is critical to maintain service integrity for all users on shared infrastructure.
Shared offerings are subject to the new-recipient allowance stated for the selected plan. As of the Last Updated date, Starter permits up to five (5) new recipients and Commercial Shared permits up to fifteen (15) new recipients within a rolling twenty-four-hour period. Certain legacy or separately contracted shared plans may have a different allowance stated in the applicable order or account. The allowance is measured across your organization's shared lines on that plan and is not a promise of unlimited messages to any recipient; the conversation and safety limits in Section 7 still apply.
Your messaging volume is continuously monitored. Exceeding a plan allowance may block additional new conversations until the rolling window clears. Repeated violations, attempts to circumvent limits, or patterns that suggest mass messaging intent may result in suspension, termination, and forfeiture of fees paid, subject to applicable law.
The Service is designed to facilitate legitimate peer-to-peer communication, not mass messaging or spam. We provide a communication abstraction layer to simplify your messaging needs while maintaining the integrity of person-to-person conversations. We are not a spam service, and will use any means necessary to prevent spam.
Payment, Fees, and Refunds
Paid access to the Service requires subscription fees as outlined on our pricing page. Self-serve plans are billed in advance on a monthly recurring basis unless a separate written order expressly states another billing period. All fees are in U.S. dollars and exclusive of any applicable taxes.
Your subscription automatically renews. By subscribing to any paid plan, you acknowledge and expressly agree that:
- Your subscription will automatically renew at the end of each monthly billing period, or another period stated in an applicable written order, at the then-current list price;
- We will charge your payment method on file for each renewal until you cancel;
- No additional authorization from you is required for renewals to be charged;
- You can cancel at any time through the billing controls available in your dashboard or by emailing info@blooio.com. Cancellation takes effect immediately when confirmed: access associated with the canceled subscription ends, the number may be released, and you will not be charged for later periods. No prorated refund is provided for the current period except where required by law.
These Terms are governed by Wyoming law. Where applicable state law requires additional auto-renewal notices, reminders, or cancellation mechanisms, we will comply with those requirements to the extent they apply to you.
A refund may be issued, at our discretion, only if no messages have been sent through the Service. Once a single message has been sent through the platform, all payments are final and non-refundable, except where a refund is required by applicable law (including non-waivable consumer protection rights under your state of residence). This includes, but is not limited to, situations where your account is terminated or suspended (with or without cause), you choose to stop using the Service, or you experience service interruptions. We incur significant hardware, operational, and infrastructure costs upon your subscription and message-sending activation, making refunds infeasible once messages have been sent.
Chargebacks and disputes. Before initiating a chargeback or payment dispute with your card issuer, please contact us at info@blooio.com. Most billing issues can be resolved quickly. If you file a chargeback that is later reversed or determined to have been filed in bad faith (for example, where you received the Service as described), you agree to reimburse us for the disputed amount plus any fees or penalties the payment processor charges us as a result. Nothing in this section waives any right you have under the Fair Credit Billing Act or similar consumer-protection law to dispute billing errors in good faith.
We may change our fees or billing methods for future billing periods. Material changes to pricing are subject to the notice requirements in Section 23.
Additional Billing Options
The Service does not currently offer annual or installment billing through self-serve checkout; self-serve plans are month-to-month. We may offer an annual, fixed-term, or installment option through a separate checkout flow or written order. No such commitment applies unless you affirmatively accept the additional terms presented for that option.
Any additional billing terms will state the commitment period, payment schedule, cancellation rights, renewal terms, and consequences of late or missed payments. The applicable checkout terms or signed order control for those topics if they expressly conflict with this Section.
Intellectual Property
The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Blooio and our licensors. The Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
License to your content. You retain ownership of the content you send or receive through the Service. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, transmit, reproduce, display, analyze, process, and create derivative works of your content for the following purposes:
- Operating, providing, and improving the Service, including delivering messages, maintaining conversation history in your dashboard, and providing tracking, search, and analytics features;
- Research and product development, including developing new features, models, and capabilities;
- Generating aggregated, de-identified, or anonymized analytics and statistics, which we may publish or share;
- Training and improving machine-learning models and other tools used to operate, secure, or enhance the Service;
- Enforcing these Terms and our policies, and investigating, preventing, and responding to abuse, fraud, or violations of law;
- Marketing, advertising, and promotional purposes as further described in our Privacy Policy.
Enterprise opt-out. Enterprise customers may opt out of durable message storage by contacting enterprise@blooio.com and agreeing to interact with the Service exclusively via API. The opt-out does not extend to transient data required to deliver messages, or to metadata retained for billing, abuse prevention, security, or legal-compliance purposes.
DMCA & Copyright Infringement
We respect the intellectual-property rights of others and comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that content transmitted through or stored on the Service infringes your copyright, please send a written notice to our designated copyright agent containing:
- A physical or electronic signature of the copyright owner or an authorized representative;
- Identification of the copyrighted work claimed to be infringed;
- Identification of the allegedly infringing material and information reasonably sufficient to locate it;
- Your contact information, including mailing address, telephone number, and email address;
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Send DMCA notices to: dmca@blooio.com. We may terminate the accounts of users determined, in our judgment, to be repeat infringers.
Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT:
- The Service will meet your requirements.
- The Service will be uninterrupted, timely, secure, error-free, or reliable.
- Message delivery will be successful, timely, or accurate.
- The results obtained from the use of the Service will be accurate or reliable.
- The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
- Any errors in the Service will be corrected.
We are solely a technology platform provider. We are not affiliated with, endorsed by, or sponsored by any third-party service providers. Any third-party trademarks, logos, or service marks displayed are the property of their respective owners. We do not control, direct, or have any responsibility for how you use our platform with third-party services. We do not guarantee continued compatibility with any third-party service and are not responsible for changes to such services that impact the functionality of the Service, including disruptions caused by enforcement actions or technical countermeasures by Apple, Google, or other service providers.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, INCLUDING:
- Any conduct or content of any third party on the Service.
- Any content obtained from the Service.
- Unauthorized access, use, or alteration of your transmissions or content.
- Service interruptions, delays, number changes, or account suspensions/terminations.
- Your violation of any applicable laws or third-party terms of service (including those of Apple, carriers, and any CRM or integration you use).
- Any other matter relating to the Service.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Blooio and our affiliates, licensors, and service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms.
- Your use of the Service.
- Your violation of any applicable laws, rules, or regulations (including TCPA, CAN-SPAM, and state consumer protection and telemarketing laws).
- Your violation of any third-party right, including any intellectual-property, publicity, confidentiality, property, or privacy right (including violations of any third-party terms or policies).
- Any disputes or issues between you and any third party, including message recipients or third-party service providers.
- The content you send through the Service.
- Your use of any third-party services in connection with our platform.
- Your violation of any privacy-related obligation described in our Privacy Policy.
You understand and acknowledge that we are a technology platform provider only. We do not direct or control how you use our technology, and all legal responsibility for your use of the Service rests solely with you.
Termination
We may suspend, restrict, or terminate your access to all or any part of the Service at any time, for any reason or no reason, with or without prior notice, and without liability or obligation to provide a refund. Reasons for termination may include, but are not limited to, violation of these Terms (especially the Prohibited Uses section), non-payment of fees, or activities that harm the Service, its users, or third parties.
You may terminate your account at any time by canceling your subscription in your dashboard or by emailing info@blooio.com. Cancellation takes effect immediately when confirmed and may permanently release an associated phone number. Termination by you does not entitle you to a prorated or other refund, except as required by law.
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-law principles. Nothing in these Terms limits any non-waivable rights you may have under applicable consumer-protection law in your state of residence. Where such laws grant rights that cannot be contractually waived, those rights apply notwithstanding this section.
This section requires most disputes between you and Blooio to be resolved through binding individual arbitration, rather than in court. It includes a class-action waiver and a jury-trial waiver. You have the right to opt out of arbitration within 30 days of first accepting these Terms (see "Arbitration Opt-Out" below).
Informal dispute resolution. Before initiating arbitration or any legal action, you agree to contact us at info@blooio.com and provide a written description of your dispute and your desired resolution. The parties will attempt to resolve the dispute informally within thirty (30) days of receipt of the notice. Neither party may commence arbitration until this informal process has concluded or expired.
Binding individual arbitration.Except for the claims carved out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively by binding individual arbitration, rather than in court. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this section. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules, if applicable), as modified by this section. The arbitration shall take place in Natrona County, Wyoming, or — at your election as a consumer — the federal district in which you reside. Arbitrators can award the same damages and relief that a court can award.
Class action and jury-trial waiver. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BLOOIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Carve-outs. The arbitration requirement does not apply to:
- Claims that may be brought in a small-claims court located in the county in which you reside, if such claims qualify to proceed there and remain in that court on an individual (non-class) basis;
- Claims for injunctive or equitable relief arising from actual or threatened infringement, misappropriation, or violation of either party's intellectual-property rights;
- Any claim alleging sexual assault or sexual harassment, which you may, at your election, bring in court pursuant to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. §§ 401–402).
Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Natrona County, Wyoming, except as otherwise provided by the small-claims or sexual-assault carve-outs above.
Mass arbitration procedures.If twenty-five (25) or more substantially similar arbitration demands are filed against us by or with the coordination of the same counsel or coordinated group within a thirty-day period, the parties agree that AAA will administer those demands in sequential "batches" of up to fifty (50) cases at a time. Filing fees and arbitrator compensation for subsequent batches will be deferred until the immediately preceding batch has concluded. The parties agree to negotiate in good faith to resolve the batched cases efficiently, including through a bellwether process if appropriate.
Arbitration opt-out. You may opt out of this arbitration agreement, the class-action waiver, and the jury-trial waiver within thirty (30) days of first accepting these Terms by sending a written notice to info@blooio.com with the subject line "Arbitration Opt-Out" and including your full name and the email address on your account. Opting out will not affect any other provision of these Terms, and disputes will instead be resolved in the courts identified above. Opting out of arbitration will not result in any adverse action against your account.
Severability of this section. If any provision of this dispute-resolution section is found unenforceable, that provision will be severed, and the remaining provisions will continue to apply. However, if the class-action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed from arbitration and may be brought in court.
Electronic Communications & Signatures
You consent to receive all communications, notices, disclosures, agreements, and records (collectively, "Communications") from us in electronic form — including by posting them to the Service, sending them to the email address on file for your account, or otherwise making them available electronically. This consent applies to all Communications we provide in connection with the Service, including any that federal or state law (including the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., and applicable Uniform Electronic Transactions Acts) would otherwise require to be in writing.
You may withdraw this consent by closing your account; withdrawing consent will terminate your ability to use the Service. You may request a paper copy of any Communication by contacting us at info@blooio.com. You are responsible for keeping your contact information current in your account.
Export Controls & Sanctions
The Service is provided from the United States and is subject to U.S. export-control laws, including the Export Administration Regulations (15 C.F.R. Parts 730–774) and sanctions programs administered by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC).
You represent and warrant that you are not located in or ordinarily resident in a jurisdiction where providing the Service would be prohibited by applicable U.S. sanctions or export-control law, and that you are not listed on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons (SDN) List, the U.S. Commerce Department's Denied Persons or Entity List, or any similar applicable restricted-party list.
You will not use, export, re-export, or transfer the Service in violation of U.S. export-control or sanctions laws.
Force Majeure
We will not be liable for any delay or failure to perform under these Terms resulting from causes beyond our reasonable control, including acts of God, natural disasters, fire, flood, pandemic, war, terrorism, riot, civil disorder, labor action, governmental action, power or internet failures, denial-of-service attacks, or outages of upstream services on which the Service depends (including Apple, Google, Cloudflare, AWS, carriers, and other third-party providers).
Privacy & Consumer Rights
Please see our Privacy Policy for a detailed description of how we collect, use, and share personal information and for information about how to exercise your privacy rights, including rights available to California residents under the California Consumer Privacy Act (CCPA/CPRA).
For questions or concerns about our privacy practices or these Terms, please contact us using the information in Section 25.
Messaging Program Terms (SMS/Text)
This section describes the text-messaging program operated by Blooio for communications we send to you, the account holder, in connection with your use of the Service. It is separate from your own obligations as a sender, which are described in Sections 5 and 6.
Consent to receive messages. By providing your mobile phone number and opting in, you consent to receive recurring text (SMS/MMS) messages from Blooio at that number, including account, transactional, security, and support messages, and — where you have separately opted in — product and marketing messages. Consent to receive marketing text messages is not a condition of purchasing the Service.
- Message frequency. Message frequency varies based on your account activity and your interactions with us.
- Message and data rates. Message and data rates may apply. Check with your mobile carrier for details about your plan.
- Opt out. You may opt out of text messages at any time by replying STOP to any message from us. After you reply STOP, we will send a one-time confirmation and will stop sending you text messages, except for any messages required to complete a transaction already in progress.
- Help. For help, reply HELP to any message from us or email info@blooio.com.
- Supported carriers. Carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your wireless carrier and is not guaranteed.
Mobile information is never shared. We do not sell, rent, or share your mobile phone number, SMS opt-in information, or messaging consent with third parties or affiliates for their own marketing or promotional purposes. See our Privacy Policy for details.
Messages you send to your recipients. When you use the Service to send messages to your own contacts, you — not Blooio — are the message sender. You are solely responsible for obtaining the consents required by applicable law, providing the disclosures and opt-out mechanisms required for your messaging program (including honoring STOP and other opt-out requests), and complying with the obligations described in Sections 5 and 6.
Modifications to Terms
We may modify these Terms from time to time. For non-material changes (including typo fixes, clarifications, and reasonable operational updates), the revised Terms take effect upon posting.
For material changes— including changes to fees, the refund policy, dispute-resolution provisions, or the material scope of your rights — we will provide at least thirty (30) days' advance notice by posting notice on the Service and, where we have your email address, by sending you an email. Your continued use of the Service after the effective date of a material change constitutes acceptance. If you do not agree, you must stop using the Service and cancel any active subscription before the effective date.
Miscellaneous
Entire agreement. These Terms, our Privacy Policy, our Acceptable Use Policy, and any applicable order form constitute the entire agreement between you and us regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. If an order form expressly conflicts with these Terms, the order form controls only for that conflict. If the Acceptable Use Policy or Privacy Policy conflicts with these Terms, these Terms control except where applicable law requires otherwise.
Severability. If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions continue in full force and effect.
No waiver. No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent is null and void. We may freely assign or transfer these Terms without restriction.
Contact Information
General questions about these Terms: info@blooio.com
Security issues or unauthorized access: security@blooio.com
Privacy and data-rights inquiries: privacy@blooio.com
Abuse or unwanted-message reports: abuse@blooio.com
Appeals of suspensions or terminations: appeals@blooio.com
DMCA copyright notices: dmca@blooio.com
Enterprise and data-processing inquiries: enterprise@blooio.com
Trademarks Notice
iMessage, iPhone, Mac, and Apple are trademarks of Apple Inc., registered in the U.S. and other countries. Android is a trademark of Google LLC. All third-party trademarks, product names, and company names mentioned on the Service are the property of their respective owners and are used for identification purposes only. Use of these names does not imply any affiliation with or endorsement by the trademark holders.