Humbloom Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a legal agreement between you and Humbloom LLC ("Humbloom," "we," "us," or "our") governing your access to and use of the Humbloom service, including the web application at app.humbloom.com and any related services (collectively, the "Service").

By creating an account, accessing the Service, or clicking "I agree," you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (humbloom.com/privacy), which is incorporated into these Terms by reference.

If you are using Humbloom on behalf of a business, you represent that you have authority to bind that business to these Terms, and "you" refers to both you individually and the business.

If you do not agree to these Terms, do not use the Service.

2. Eligibility

To use Humbloom, you must:

• Be at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater.
• Have the legal authority to enter into contracts in your jurisdiction.
• Not be prohibited from using the Service under applicable law.
• Have a valid Instagram Business or Creator account, or Google Business Profile, or both, in order to use the core features of the Service.

Humbloom is intended for use by business owners and their authorized employees and contractors. You are responsible for ensuring that anyone who accesses your account complies with these Terms.

3. The Service

3.1 What Humbloom provides

Humbloom is an AI-assisted content management service for small businesses. The Service allows you to:

• Connect your Instagram Business or Creator account and Google Business Profile via OAuth.
• Receive AI-drafted Instagram captions and Google review replies generated in your business voice.
• Review, edit, approve, or skip drafted content through a mobile-first approval flow.
• Schedule recurring special promotions and configure posting calendars.
• Upload and manage a photo library with AI-powered categorization.
• Monitor usage and manage your token balances and storage through your dashboard.

3.2 AI-generated content

Content generated by Humbloom is produced by AI and is presented to you for review before publication. You are responsible for reviewing all drafted content before approving it. Humbloom does not guarantee that AI-generated content will be accurate, appropriate, legally compliant, or free from errors. You should not approve content you have not reviewed.

By approving content for publication, you take full responsibility for that content and its compliance with applicable laws, platform terms, and your own brand standards.

3.3 Platform integrations

Humbloom integrates with Instagram (via Meta's Graph API) and Google Business Profile (via Google's API). Use of these integrations is also subject to Meta's Terms of Service, Facebook's Platform Terms, and Google's Terms of Service. In the event of a conflict between these Terms and the terms of those platforms, the platform's terms govern with respect to your use of that platform.

3.4 Service availability

We aim for high availability but do not guarantee uninterrupted service. We may perform maintenance, updates, or emergency fixes that temporarily affect availability. We will provide advance notice of planned maintenance where practicable.

4. Your Account

4.1 Account creation

You may create an account using your email address and a password, or by signing in with Google. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.

4.2 Account security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@humbloom.com if you become aware of any unauthorized access to your account. We are not liable for any losses resulting from unauthorized use of your account that result from your failure to maintain the security of your credentials.

4.3 Account structure and multiple locations

Each business location requires its own connected account. Starter and Pro subscribers may connect one business location per account. Premium subscribers may manage multiple business locations under a single primary account using the multi-location feature, with each satellite location treated as a separate business account operating under the primary account holder's responsibility. Satellite accounts cannot exist independently of the primary account. Closure of the primary account closes all associated satellite accounts. You may not create duplicate accounts for the same business location.

5. Subscriptions, Billing, and Tokens

5.1 Subscription tiers

Humbloom offers three monthly subscription tiers:

• Starter: $79 per month. Includes 50 monthly tokens and 10 GB base storage.
• Pro: $179 per month. Includes 100 monthly tokens, 15 GB base storage, and additional features as described on our pricing page.
• Premium: $349 per month base. Includes 150 monthly tokens, 20 GB base storage, multi-location support, and additional features as described on our pricing page. Additional business locations may be added at $100 per location per month, adding 50 tokens per location to the shared token pool.

Feature availability per tier is described at humbloom.com/pricing and is subject to change with 30 days' notice to existing subscribers.

5.2 Founding Members

The first 25 customers who complete their initial paid subscription checkout are designated Founding Members. Free trials and unpaid signups do not count toward the 25. Founding Members receive their first month free and have their subscription price locked at the rate in effect at the time they subscribe, for as long as their account remains active and in good standing. Founding Member pricing is non-transferable. Humbloom reserves the right to close the Founding Member program at any time by toggling off availability for new applicants. Existing Founding Members are not affected.

5.3 Token system

The Service uses a two-pool token system:

• Monthly tokens: included with your subscription. Reset at the start of each billing cycle. Unused monthly tokens do not roll over.
• Purchased tokens: available for purchase at the price displayed on your dashboard and pricing page at the time of purchase, with no minimum purchase and no expiration. Purchased tokens accumulate in your permanent token pool.

Token consumption rates: the number of tokens consumed per action is displayed on your dashboard and pricing page. Tokens are consumed only when you approve a draft for publication. Skipped drafts do not consume tokens. Edited drafts that you approve consume tokens at the full rate.

Monthly tokens are spent first. When your monthly token pool is exhausted, your account automatically draws from your purchased token pool. When both pools are empty, content generation is blocked until the next billing cycle reset or until you purchase additional tokens.

5.4 Add-on token purchases

You may purchase additional tokens at any time through your dashboard. Token purchases are processed immediately by Stripe and added to your permanent token pool. Token purchases are non-refundable.

5.5 Storage add-ons

Additional storage beyond your base tier allocation is available as a monthly subscription add-on. Storage add-ons may be toggled on or off at any time. If you cancel a storage add-on, your storage returns to your base tier limit at the start of your next billing cycle. Existing files within your base limit remain accessible. New uploads beyond your base limit will be blocked until the add-on is re-enabled or you upgrade your tier.

5.6 Billing cycle and payment

Your subscription is billed monthly on the date you first subscribed (your billing date). Payment is processed by Stripe. You authorize us to charge your payment method on file on each billing date. If a payment fails, we will attempt to reprocess it and will notify you by email. If payment cannot be collected within 7 days, your account may be suspended. You are responsible for keeping your payment information current.

5.7 Price changes

We may change subscription prices for new customers at any time. We will provide at least 30 days' advance written notice before implementing a price change that affects your existing subscription. Your continued use of the Service after a price change takes effect constitutes your acceptance of the new price. Founding Members are exempt from price increases as described in Section 5.2.

5.8 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at support@humbloom.com. Cancellation takes effect at the end of your current billing period. You will continue to have access to the Service through the end of the period for which you have paid. We do not provide pro-rated refunds for partial billing periods.

5.9 Refunds

All subscription fees are non-refundable except: (a) at our sole discretion in cases of documented service outages or errors, (b) as required by applicable law, or (c) within 14 days of your first subscription purchase if you are a new customer and have not yet approved any AI-generated content. Add-on token purchases and storage add-on fees are non-refundable.

5.10 Account closure and forfeiture

Upon account closure, whether voluntary or due to a violation of these Terms: (a) remaining monthly tokens in your monthly pool are forfeited; (b) remaining purchased tokens in your permanent pool are forfeited; (c) any boosting wallet balance is forfeited. No refunds will be issued for forfeited balances, except that California residents who close their account by exercising their right to deletion under the CCPA may request a refund of their unused purchased token balance as described in our Privacy Policy. This forfeiture policy is disclosed at account signup and by accepting these Terms you acknowledge and accept it.

6. Acceptable Use

6.1 Permitted use

You may use Humbloom solely to manage your own business's social media presence and Google reviews. You may not use Humbloom on behalf of another business without that business's knowledge and authorization.

6.2 Prohibited conduct

You agree not to:

• Use the Service to generate, publish, or distribute content that is false, misleading, defamatory, harassing, threatening, obscene, or illegal.
• Use the Service to violate Instagram's Community Guidelines, Meta's Platform Terms, Google's Terms of Service, or the terms of any other platform you access through Humbloom.
• Use the Service to respond to reviews in a way that reveals confidential customer information, violates consumer protection law, or makes false statements about a customer's experience.
• Attempt to circumvent usage limits, token allocations, or storage limits.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Use automated scripts, bots, or other automated tools to access the Service outside of the normal application interface.
• Share your account credentials with unauthorized parties.
• Use the Service in any way that violates applicable federal, state, or local law.

6.3 Content responsibility

You are solely responsible for all content published through your Humbloom account, including AI-generated content that you approve for publication. Approving content for publication is your explicit instruction to Humbloom to post it on your behalf. Humbloom is not responsible for the accuracy, legality, or appropriateness of content you approve.

7. Your Content and Intellectual Property

7.1 Ownership of your content

You retain ownership of your business information, voice samples, photos, and other content you provide to Humbloom ("Your Content"). You also retain ownership of AI-generated content once you approve it for publication, subject to any applicable terms of the platform on which it is published and any applicable AI-generated content laws in your jurisdiction.

7.2 License to Humbloom

By using the Service, you grant Humbloom a limited, non-exclusive, royalty-free license to use, store, process, and transmit Your Content solely for the purpose of providing the Service to you. This license ends when you delete Your Content or close your account, subject to backup retention periods described in our Privacy Policy.

7.3 Humbloom's intellectual property

The Humbloom service, including its software, interface, AI prompt systems, and all related technology, is owned by Humbloom and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our technology. Your subscription grants you a limited, non-exclusive, non-transferable right to use the Service for your business purposes.

7.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant Humbloom a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

8. Third-Party Platforms and Services

Humbloom integrates with third-party platforms including Instagram, Facebook, and Google Business Profile. Your use of these platforms through Humbloom is also subject to their respective terms of service and privacy policies. You represent and warrant that you have the right to connect your accounts on these platforms and that doing so does not violate their terms of service.

Humbloom is not responsible for the availability, accuracy, or continuity of third-party platforms. If a third-party platform changes its API, policies, or terms in a way that affects our integrations, we will make commercially reasonable efforts to maintain the Service but do not guarantee uninterrupted access to third-party features.

You are responsible for ensuring your use of the Service complies with all applicable platform policies, including Meta's Community Standards and Google's prohibited content policies. Content that violates platform policies may be removed by those platforms regardless of whether you approved it through Humbloom.

9. Disclaimers

10. Limitation of Liability

11. Indemnification

You agree to defend, indemnify, and hold harmless Humbloom and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) content you publish through the Service; (c) your violation of these Terms; (d) your violation of any third-party rights, including the rights of your customers or the policies of Instagram, Meta, or Google; or (e) your violation of applicable law.

12. Dispute Resolution and Arbitration

12.1 Informal resolution

Before initiating any formal dispute process, you agree to contact us at support@humbloom.com and provide a written description of the dispute, your desired resolution, and your contact information. We will try to resolve the dispute informally within 30 days.

12.2 Binding arbitration

If the dispute is not resolved informally, you and Humbloom agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms or the Service through binding arbitration, rather than in court. The arbitration will be administered by JAMS (jamsadr.com) under its Streamlined Arbitration Rules and Procedures, or, if the amount in dispute is $10,000 or less, under its Small Claims procedures. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class action waiver

12.4 Exceptions

Either party may bring an individual action in small claims court. Either party may seek emergency injunctive relief in a court of competent jurisdiction where necessary to protect intellectual property rights or confidential information pending arbitration.

12.5 Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in California.

12.6 Opt-out

You may opt out of the arbitration agreement by sending written notice to support@humbloom.com within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, the other provisions of these Terms remain in full force.

13. Termination

13.1 Termination by you

You may cancel your subscription and close your account at any time through your account settings. Cancellation takes effect at the end of your current billing period. See Section 5.8 for cancellation details.

13.2 Termination by Humbloom

We may suspend or terminate your account and access to the Service immediately, without prior notice, if: (a) you materially breach these Terms; (b) we are required to do so by law; (c) we determine that your use of the Service poses a risk to Humbloom, other users, or third parties; or (d) your account has been inactive for more than 24 consecutive months.

13.3 Effect of termination

Upon termination of your account: (a) your right to use the Service ends immediately; (b) remaining token balances and any wallet balances are forfeited as described in Section 5.10; (c) your data will be deleted in accordance with our Privacy Policy; and (d) any outstanding payment obligations remain due. Sections 6, 7, 9, 10, 11, 12, and 14 survive termination.

14. General Provisions

14.1 Entire agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Humbloom regarding the Service and supersede all prior agreements, representations, and understandings.

14.2 Modification of Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email and by displaying a notice in the app at least 14 days before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you do not agree to the updated Terms, you must cancel your subscription before the effective date.

14.3 Forced re-agreement for new features

When we add features that require updated Terms, you may be asked to re-agree to the updated Terms upon your next login. If you decline, features tied to the updated Terms will remain locked, but your existing subscription and core features will not be affected.

14.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

14.5 No waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

14.6 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, provided we give you prior notice.

14.7 Force majeure

Humbloom will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, power failures, internet outages, or third-party service failures (including failures of Meta's or Google's APIs).

14.8 Contact

From hum to bloom.