Welcome to Bloomin8's website and mobile app.

Last updated: 01-11-2024

Welcome to Bloomin8's website and mobile app.
Arpobot Pty Ltd (“bloomin8” or “we” or “us” or “our”) operates http://bloomin8.com/ (the “site”) and provides the bloomin8 mobile app for Android and iOS (the “app”) and the bloomin8 art frame app (the “frame”) - collectively, the "Services". By using our Services, you agree to be bound by the following terms and conditions (the "Terms of Service"). If you do not agree to these Terms of Service, you are not allowed to use our Services.

Services
Our Services allow you to generate pictures and share them with other users through our mobile app and frame app. You can find a description of our Services on our website or via the app. Certain options are provided to you free-of-charge.
We offer two categories of user engagement which enjoy different levels of Services:
- Regular Account
A “Regular Account” requires creating a user account where you sign up with your email; alternatively by using your Google, Apple or Facebook account to login. You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account by going to your profile page on the Website or the App. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at hello@bloomin8.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your, or we previously banned you from any of our Services, unless we provide written consent otherwise.
Regular accounts are entitled to a certain number of free AI image generation credits within a specific time period. Any unused credits at the end of each time period will expire and cannot be carried over. Bloomin8 reserves the right to determine and modify the free credits at any time.
- Paid Account
A “Paid Account” is essentially a “Subscription” that can be added to your “Regular Account”. By subscribing you can enjoy the full benefit of the Bloomin8 Services. Certain services or benefits will require a Subscription.
Bloomin8, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Arpobot Pty Ltd. will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Some features require payment before you can access them (the "Paid Account"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through our Service. We are not responsible for the products and services provided by such third parties.



Payment and Cancellations
We use Google Pay and Apple Pay as third-party service providers for online payment processing. By signing up to a Paid Account via Google Payments, you agree to Google Terms of Service and Google Pay/Google Payments Terms of Service. By signing up to a Paid Account via Apple Pay, you agree to Apple Media Services Terms and Conditions.
Your subscription may automatically renew at the end of the chosen billing cycle in which case your credit card will be automatically charged during auto renewal. Everything related to management, cancellation, renewal etc. of the subscription is handled exclusively through the chosen payment provider.To avoid future subscription charges, you must cancel your subscription before the subscription period renewal date by going to billing management on the Website or the App and clicking “Cancel Subscription”.
Except as expressly set forth in these Terms, payments for any subscriptions to the Services are non-refundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made. Notwithstanding the foregoing, if the Company suspends, deletes or terminates your Account or the Services for a breach or suspected breach of these Terms, your access to the paid Services will terminate immediately regardless of whether you have paid for the then-current subscription period, and you will not be entitled to any refunds whatsoever.
Intellectual Property
User Input and User Output. As part of your use of the Services, you may be able to input, post, upload and submit information (“User Input”) to the Services, and you may direct the Services to generate and output new content based on your User Input (“User Output”). We do not claim any ownership rights in your User Input or User Output, and we do not restrict your ability to use User Output for your own purposes (including for commercial purposes). As between us and you, to the extent we acquire any rights in any User Output, we hereby assign to you all right, title and interest in and to such User Output. However, you acknowledge that due to the nature of generative AI tools, your User Output may not be unique and users of the Services may create their own User Output that is similar or the same as your User Output because the same or similar User Input was provided. Your User Input, User Output, and any other information, materials, or content you post, upload, submit, or make available through the Services, such as your Account handle, Account picture, and comments are collectively referred to herein as “Your Content.” You are responsible for Your Content, including taking all steps necessary to ensure that it does not violate any laws or rights of third parties or these Terms.
The content on our Services, not “Your Content”, including the Company’s name, Bloomin8, the Company’s logo, text, graphics, images, and software, is the property of the Company or its licensors and is protected by copyright and other intellectual property laws. You may not use any content on our Services for commercial purposes without the express written consent of the Company.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback. To the extent such rights cannot be assigned under applicable law, you hereby waive any moral and author's rights (including attribution and integrity) that you may have in and to any and all Feedback.
Your Content
Your Content License Grant. In order to operate the Services, we must obtain from you certain license rights in Your Content so that actions we take in operating the Services are not considered legal violations. Accordingly, by using the Services and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate, improve, promote and provide the Services. You agree that these rights and licenses are royalty-free, transferable, sublicensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations.
As part of the Services, users can create remixes or regenerations of someone else’s User Output other than Private Content (“Remixed User Output”). As part of the foregoing license grant in the previous paragraph, you agree that other users of the Services shall have the right to use, reproduce, modify, comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services (including to create Remixed User Output based on your original User Output); except that if we provide you with functionality that allows you to post Your Content privately for non-public display or re-mix on the Services (“Private Content”), the foregoing rights granted to other users shall not apply to such Private Content unless you choose to post or re-generate that Private Content in a public portion of the Services. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice, including if the Company determines (whether through use of automated detection software or by other means) that you are in breach of these Terms and regardless of whether you are a subscriber to the paid Services. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. We do not claim to own any of Your Content, and you should carefully consider whether you should utilize any User Output that is available on the Services for commercial purposes, and what permissions you may need from third parties to do so. We expressly disclaim any liability arising from your use of any User Output for a commercial purpose.
Data Protection
Bloomin8 keeps and processes the disclosed and personal data relating to its Services and thus retains the ownership of data relating to the products and remains an independent data controller for personal information which we process in relation to the Services.
Our Privacy Policy explains how we collect, protect, use, and share the personal information you have provided us with in order to provide our Services. By using our Services, you agree to the collection, processing, and disclosure of your personal information in accordance with our Privacy Policy. We do not share the user’s data with other third parties, unless required by law.
The user is obligated to keep the login information confidential.
We will upon specific request delete data collected, entered or provided by the user. However, we are not obligated to change, clean or in any other way alter the models, algorithms or parameters that the user’s data has helped to train, develop or improve during the term of the agreement.
Data already collected or data provided or entered by the user (not including your photos and videos and associated comments and reactions), and which we have not been asked to delete, will be anonymized and continue to be included in Bloomin8’s overall data set, for the development of our algorithms, statistics and business, as well as for the purpose of comparison and benchmarking for our other users.
Data Uploaded by the User
The user is responsible for any data that it uploads, including its lawfulness, reliability, accuracy, and appropriateness.
The user represents and warrants that Bloomin8’s use of the uploaded data does not violate the data protection and privacy rights, copyrights, or other intellectual property rights, contractual rights or any other rights of any third party.
If any data is unlawful or of particularly sensitive character, Bloomin8 reserves the right to remove such content without prior notice.
Usage Rights
We collect your behavioral data on the app. By using our Services, you grant to Bloomin8 an unlimited, exclusive, worldwide, royalty-free license to use collected data, except your photos and videos, (in anonymized form only) for the development of Bloomin8’s algorithms, statistics and business.


Rights We Grant You

- Right to Use Services. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, revocable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take. For the avoidance of doubt, Your Content is not part of the “Services,” as defined in these Terms.
- Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
- (A) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any of our proprietary technology that makes up or is included in the Services, except (i) you may create and store temporary files that are automatically cached by your web browser for display purposes, (ii) as otherwise expressly permitted in these Terms, and (iii) for clarity, the foregoing restrictions do not apply to Your Content;
- (B) use User Input or User Output to develop any product, service, or technology that competes with the Company or the Services;
- (C) submit, transmit, display, perform, post or store any content that is inaccurate, illegal, unlawful (including, but not to limited to, uploading copyrighted images to the Services without the consent of the copyright owner), defamatory, unethical, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights (including, but not limited to, uploading images of individuals to the Services without their consent), harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable (collectively and individually, “Objectionable”);
- (D) use the Services for bullying, disruptive or Objectionable purposes or for political campaigning or lobbying purposes; or otherwise use the Services in a manner that is fraudulent, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, or Objectionable;
- (E) frame, replicate, or develop an interface to access the Services without going directly to the Website or the App (e.g., via an API), unless we explicitly make such functionality available to you;
- (F) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
- (G) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, graphics, design, commercial symbol, or other proprietary notation displayed on or through the Services; provided that, for clarity, the foregoing does not include Your Content;
- (H) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
- (I) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
- (J) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
- (K) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
- (L) use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
- (M) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
- (N) violate any applicable law or regulation in connection with your access to or use of the Services;
- (O) access or use the Services in any way not expressly permitted by these Terms; or
- (P) use or distribute User Output in a misleading way, including, for instance, by representing that the User Output is entirely human generated or that the User Output depicts an actual photograph of a real event. Further, if you distribute your User Output to others, we encourage you to proactively disclose that such User Output was created using artificial intelligence technologies so as not to mislead others of its origin.
- Use of the App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or will be available in, or that orders for Offerings can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from the Company.
- Beta Offerings. From time to time, we may, in our sole discretion, include certain test or beta features or products in the Services (“Beta Offerings”) as we may designate from time to time. Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Offering is at your sole risk. You agree that once you use a Beta Offering, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Offering back to the prior non-beta version. If we provide you any Beta Offerings on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Offerings. For any such confidential Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Offerings without our prior written consent.





Termination
You may cancel your subscription, and thereby downgrade your Paid Account to a Regular Account, at any time subject to the cancellation terms of Google Payments or Apple Pay, respectively.
You can terminate your Regular Account at any time via your profile in the app.
If you are in breach of these Terms, including lack of payment, misuse or unauthorized and/or criminal use, we may terminate your access to our Services without prior notice or liability.
Such termination on Bloomin8’s side does not warrant a refund unless the termination is due to Bloomin8’s material, uncured breach of these Terms of Service (within 30 days from the User’s written notice) or a refund is required by law.
Third-party Services and Materials
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
Limitation of Liability and Warranty Disclaimer
We do not guarantee or warrant that our Services will meet your requirements.
We assume no responsibility for the hardware on which our Services are installed or any third-party software which may be installed on said hardware and disclaims all liability arising from negligence or otherwise in respect of such conduct or content by third parties.
Bloomin8, its subsidiaries, affiliates, and licensors do not guarantee or warrant that its Services will function uninterrupted, secure, or available at any particular time or location, that any errors or defects will be corrected or that its Services are free of viruses or other harmful components.
We strive for the highest possible operational stability, but are not liable for programming errors, breakdowns, or operational disruptions, including operational disruptions caused by factors beyond our control, including but not limited to power outages, equipment failures, internet connections, telecommunication connections or the like. Thus, Bloomin8 cannot be made liable for direct or indirect loss that has happened in connection with the use of our Services. Bloomin8 is also not liable for hacker attacks, viruses, or other forms of force majeure.
In the case of breakdown or disturbances, we strive to restore normal operation as soon as possible and without unnecessary delay.
Bloomin8 shall be held indemnified for any claim or loss due to product liability, third party loss or liability to third parties to the extent that it originates from the User’s use of the Services.
The above limitations shall not apply if the damages are the result of a deliberate act or gross negligence on the part of Bloomin8.
Bloomin8’s liability under these terms and conditions, and where Bloomin8’s liability cannot be limited in accordance with applicable law, Bloomin8’s liability is limited to the fees actually paid by you to Bloomin8.
Entire Agreement and severability
These Terms of Service and our Privacy Policy constitute the entire agreement between you and Bloomin8 and supersede any prior agreements or understandings, whether written or oral.
If any provision of these terms and conditions is declared invalid or unenforceable under a certain jurisdiction’s laws, the provisions of these terms and conditions shall remain in full force and effect in all other jurisdictions.
Governing Law
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
We may change these Terms of Service at any time, so please review them frequently. Any changes will be effective immediately upon posting to the Services. In case of significant changes of the Terms, we will notify you of such changes either via email or in connection with login on the app. What constitutes a significant change shall be determined at Bloomin8’s sole discretion. Your continued use of the Services after the posting of changes will constitute your acceptance of such changes.
Contact Us
If you have any questions or concerns about these Terms of Service, you can contact us at hello@bloomin8.com.
Last updated: 01-11-2024