Terms of Service

Welcome to Blooio ("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. If you do not agree to these Terms, you must not access or use the Service.

Your use of the Service — including browsing our website, creating an account, or making any payment for any plan (including "Shared Plan" or "Dedicated Plan") — 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.

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.

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.

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.

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.
• 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 do not monitor, control, or direct how you use our platform, and we expressly disclaim any responsibility for your use of the Service.

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 14.

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.

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 the Dedicated Plan, which may also result in account suspension or termination.

Access to the Service requires payment of subscription fees as outlined on our pricing page. Fees are billed in advance on a monthly or annual recurring basis, depending on the plan you select. All fees are in U.S. dollars and exclusive of any applicable taxes.

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 21.

If you elect to pay an annual plan in monthly installments, the additional terms in Section 9 (Installment Billing) apply and govern that payment option.

We may offer a monthly installment payment option for the annual subscription term. When you choose this option, you agree to pay the full annual subscription amount over the annual term in scheduled monthly installments.

The installment option is a scheduled payment arrangement for subscription services. It is not a consumer loan, personal loan, or other credit product, and is not extended or administered through any regulated lender.

• Approval and availability. Availability may vary and is subject to eligibility criteria we determine. No credit check is performed. Eligibility, installment terms, and installment amounts are determined by us and are subject to change.
• Authorization and autopay. By electing the installment option, you authorize us to automatically charge your designated payment method for each monthly installment during the annual term, plus any applicable taxes and fees.
• No cancellation for convenience. Annual plans are a fixed-term commitment. Choosing installments does not convert the plan into a month-to-month subscription. Early termination or cancellation for convenience does not relieve you of the obligation to pay the remaining balance of the annual term.
• Missed or late payments. If any installment is missed, declined, or late, we may suspend or terminate access to the Service until the account is brought current. To the extent permitted by law, we may accelerate the remaining balance so that it becomes immediately due and payable. Additional taxes or fees may apply as permitted by law.
• Refunds. The refund policy in Section 8 applies to installment payments. Once a message has been sent through the Service, all payments are final and non-refundable except where required by law.
• Changes to terms. We may modify or discontinue the installment option for new subscriptions and renewals, subject to the notice requirements in Section 21. Any changes do not affect amounts already due under an existing annual term unless otherwise stated.

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.

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.

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.

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.

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.

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. Termination by you does not entitle you to any 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.

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.

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.

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.

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, a resident of, or a national of any country subject to comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); or
• 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 U.S. or foreign restricted-party list.

You will not use, export, re-export, or transfer the Service in violation of U.S. export-control or sanctions laws.

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).

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 23.

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.

Entire agreement. These Terms and our Privacy Policy 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.

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.

General questions about these Terms: info@blooio.com

Security issues or unauthorized access: security@blooio.com

DMCA copyright notices: dmca@blooio.com

Enterprise and data-processing inquiries: enterprise@blooio.com

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.