BloomMap Terms of Use

1. BloomMap Services

2. Eligibility

You must be at least 13 years old to use the BloomMap App or Website. If you are under 18, you should use BloomMap only with the involvement and permission of a parent or legal guardian where required by law.

You must be at least 18 years old, or otherwise legally capable of entering into a binding contract, to independently purchase Garden Studio services or other paid Services.

3. App accounts

Certain App features may require a BloomMap account. You agree to provide reasonably accurate and current information, protect your login credentials, and notify BloomMap if you believe your account has been accessed without authorization.

You may not create an account using another person's identity without permission.

4. Payments and purchases

App purchases

Subscriptions and other purchases made within the BloomMap iOS App are processed through Apple's App Store. Billing, renewal, cancellation, refunds, and payment-method management for those purchases are handled through Apple and are subject to Apple's applicable terms and policies.

BloomMap does not directly receive or store your complete payment-card number for purchases processed by Apple.

Garden Studio payments

Garden Studio payments are processed through Stripe. The service scope, price, preparation requirements, cancellation and rescheduling policy, refund conditions, delivery terms, and other project-specific rules are described in the Garden Studio Service Agreement, which you must accept before purchasing a service.

Digital-product purchases

Paid planting plans and other downloadable products may be processed by a third-party commerce provider identified at checkout. The provider's applicable payment and checkout terms also apply to transactions it processes.

Taxes and price changes

Applicable taxes may be added where required by law. BloomMap may change the price of future purchases or Services. A price change does not retroactively change a completed purchase or confirmed Garden Studio service unless you and BloomMap expressly agree otherwise.

5. App subscriptions

BloomMap may offer free and paid App tiers. Paid features, subscription periods, introductory offers, trials, renewal terms, and current prices will be presented through the App or App Store before purchase.

App subscriptions are managed through Apple. You are responsible for managing or cancelling a subscription through the applicable Apple account and subscription-management tools. Deleting the App or a BloomMap account does not necessarily cancel an App Store subscription.

6. Your Content

"Your Content" includes garden and plant photographs, garden maps, plant information, notes, Garden Studio inquiry information, project photographs, measurements, project descriptions, and other materials you upload, create, or provide through BloomMap.

You retain ownership

You retain ownership of Your Content. BloomMap does not acquire ownership merely because you provide it through the Services.

Permission needed to provide the Services

You give BloomMap a limited, non-exclusive license to host, store, process, reproduce, and otherwise use Your Content only as reasonably necessary to operate, maintain, secure, improve, and provide the Services you use.

Public and marketing use

Providing Your Content does not automatically give BloomMap permission to publicly use private Garden Studio photographs or project information for advertising, social media, portfolio work, articles, case studies, or other marketing. That use requires separate permission.

Your responsibility

You should provide only content you have the right to use. You may not knowingly submit content that unlawfully infringes another person's rights, violates applicable law, contains malicious software, or is submitted for fraudulent purposes.

7. BloomMap intellectual property

Except for Your Content and third-party materials, the BloomMap Services and original materials created by BloomMap are owned by BloomMap or its operator. This includes the BloomMap name and branding, Website and App design, software, original layouts, templates, written content, illustrations, graphics, and photographs owned by BloomMap.

Nothing in these Terms transfers ownership of BloomMap intellectual property to you.

8. Personal use of planting plans and digital products

Unless a product page expressly provides a different license, purchasing or downloading a BloomMap planting plan or digital product grants you a limited, non-exclusive, non-transferable license for personal, non-commercial use.

You may save and print reasonable copies for personal use, use the plan in your own residential garden, and share a necessary copy with a contractor, installer, nursery, or gardener solely to help implement your personal project.

You may not, without written permission, resell or redistribute a product, publish the complete product online, present it as your own work, reproduce it in a commercial product, or use it as a template for products you sell.

9. Garden Studio deliverables

Garden Studio deliverables are governed primarily by the Garden Studio Service Agreement. Unless otherwise agreed in writing, a Garden Direction Summary or custom planting plan is licensed to the client for personal use on the project for which it was created.

A client may share the deliverable with a nursery, gardener, installer, or contractor when reasonably necessary to implement that project. Resale, commercial redistribution, or reuse as a commercial template is not permitted without written permission.

10. Garden information and advice

General Website, App, and digital content

Articles, App information, ready-made planting plans, plant information, and other general BloomMap content are provided for educational and informational purposes. They are not individualized assessments of your property.

Growing conditions vary between properties. Plant performance may be affected by light, soil, drainage, moisture, weather, root competition, pests, disease, wildlife, plant quality, maintenance, and other site-specific conditions. BloomMap does not guarantee that a plant or design shown in general content will perform successfully on your property.

Garden Studio

Garden Studio provides personalized garden guidance based on information supplied for a particular project. Its scope and limitations are described in the Garden Studio Service Agreement. Garden Studio does not guarantee plant survival or a specific horticultural or aesthetic result.

11. Third-party products, nurseries, and links

BloomMap may mention or link to plants, nurseries, retailers, products, books, websites, contractors, software, payment providers, or other third parties. A reference or link does not guarantee current availability, pricing, quality, performance, accuracy, or suitability for your circumstances.

Third-party websites and services operate under their own terms and privacy practices. BloomMap is not responsible for their content, availability, policies, acts, or omissions.

12. Acceptable use

You agree not to misuse the Website, App, or other Services. You may not:

• use the Services for unlawful or fraudulent purposes;
• attempt unauthorized access to BloomMap systems or another user's account;
• interfere with the security or operation of the Services;
• introduce malicious code;
• scrape or systematically extract substantial BloomMap content without permission;
• reverse engineer source code except where law expressly permits it;
• impersonate another person or use another person's account without authorization; or
• use the Services in a way that materially harms BloomMap, its systems, or other users.

13. Feedback

If you voluntarily provide ideas, suggestions, or feedback about BloomMap, you permit us to use that feedback to develop and improve BloomMap without an obligation to compensate you. This does not transfer ownership of unrelated personal project materials.

14. Availability and changes to the Services

We may update, improve, add to, remove, or discontinue parts of BloomMap. We do not guarantee that every Website or App feature will remain available indefinitely.

We may temporarily restrict access for maintenance, security, technical problems, legal requirements, or circumstances outside our reasonable control. Where practical, we will avoid changes that unnecessarily interfere with active paid Services.

15. Account suspension and termination

You may stop using BloomMap at any time. We may restrict or suspend access where reasonably necessary because of fraud, misuse, security concerns, material violation of these Terms, unlawful activity, or threats to BloomMap systems or other users.

Termination of an account does not automatically cancel purchases or subscriptions administered independently through Apple or another provider. Terms relating to intellectual property, payment obligations, liability, and provisions that logically need to remain in effect will survive termination.

16. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Website, App, and general digital content are provided on an "as available" basis.

BloomMap does not promise uninterrupted or error-free operation, complete or current plant information, commercial availability of recommended plants, indefinite compatibility with every device, or a particular result from general garden information.

Nothing in these Terms excludes warranties, rights, or remedies that applicable consumer law does not allow us to exclude. Garden Studio obligations are additionally governed by the Garden Studio Service Agreement.

17. Limitation of liability

To the maximum extent permitted by applicable law, BloomMap and Anna Baranova will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or similar damages arising from use of the Website, App, digital products, or other Services.

For a Garden Studio service, the liability provisions in the Garden Studio Service Agreement control. For another paid BloomMap product or Service, BloomMap's total liability arising directly from that product or Service will not exceed the amount actually paid to BloomMap for the product or Service giving rise to the claim.

Nothing in these Terms limits liability that applicable law does not permit to be limited.

18. Responsibility for misuse

To the extent permitted by applicable law, you agree to be responsible for claims or losses caused by your unlawful misuse of the Services, knowing infringement of another person's rights through content you submit, or material violation of these Terms.

This does not make you responsible for claims caused by BloomMap's own conduct where applicable law assigns responsibility to BloomMap.

19. Privacy

Your use of BloomMap is also subject to the BloomMap Privacy Policy, which explains how personal information is collected, used, shared, protected, and retained across the App, Website, Garden Studio, purchases, and communications.

Garden Studio projects are private by default, as further described in the Privacy Policy and Garden Studio Service Agreement.

20. Electronic communications and agreements

Certain transactions and agreements may be completed electronically. You may be asked to indicate agreement by checking a checkbox, creating an account, submitting an electronic form, completing checkout, or taking another clear electronic action.

You agree that service-related notices and communications may be provided electronically where permitted by law.

21. Changes to these Terms

We may update these Terms when BloomMap's Services, business practices, technology, or legal requirements change. The Effective Date identifies the current version. For material changes, we may provide notice through the Website, App, email, or another reasonable method where appropriate.

Changes generally apply prospectively. Updating these Terms does not retroactively change a separately agreed Garden Studio project scope, price, or other project-specific term unless both parties agree or applicable law requires the change.

22. Governing law and disputes

These Terms are governed by the laws of the State of North Carolina, except where applicable consumer law requires otherwise.

If a disagreement arises, you and BloomMap agree to first make a reasonable good-faith effort to resolve it directly. If the matter cannot be resolved, the parties retain any rights and remedies available under applicable law.

These Terms do not require mandatory arbitration or contain a class-action waiver.

23. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in effect to the extent permitted by law.

24. No waiver

If BloomMap does not immediately enforce a provision of these Terms, that does not permanently waive the right to enforce it later.

25. Entire agreement

These Terms and the Privacy Policy constitute the general agreement governing use of BloomMap. Additional terms may apply to particular purchases or Services.

For a Garden Studio project, these Terms, the Privacy Policy, the Garden Studio Service Agreement, and any written project-specific scope or terms should be read together. Where a project-specific agreement expressly conflicts with these general Terms, the more specific agreement controls for that project.