Terms and Conditions

1. Introduction and Scope

The following terms and conditions are the Terms of Use for our website: www.abloomify.com (the "Site") made available by Abloomify Inc. ("Company", "we", "us" or "our"), a company based in Toronto, Ontario, Canada. We can be reached at hello@abloomify.com.

The purpose of the Site is to provide information about Abloomify's products, services, mission, approach and initiatives.

These Terms of Use govern the Site only. Access to and use of the Abloomify platform and services, including the applications at app.abloomify.com and app-eu.abloomify.com, the Abloomify device agents and browser extension, integrations, and any programmatic interfaces, is governed exclusively by the applicable customer agreement between Abloomify and the customer (including any order form and data processing addendum), not by these Terms of Use. If there is any conflict between these Terms of Use and a customer agreement, the customer agreement governs.

The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the "Contents") and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term "Site" includes all of the Contents.

These Terms of Use constitute a legally binding agreement between you and Abloomify regarding your use of and access to the Site. These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with Abloomify, unless otherwise agreed to in writing by Abloomify. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site.

2. Provision of the Site by Abloomify

The Site, its features and its Contents may change over time without prior notice to you as we improve and update our materials.

We may suspend or discontinue the Site, or any feature or portion of it, at any time. You may stop using the Site at any time, and you do not need to tell us when you do.

3. Use of the Site by You

Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:

• be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
• affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from becoming a partner or supplier to us in connection with the Site;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
• transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
• modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user, including by scraping the Site or harvesting data from it by automated means without our consent;
• advocate or encourage any illegal activity;
• infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of Abloomify or any third party;
• violate the privacy of any individual, including users of the Site;
• violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).

Where you provide information about yourself through the Site (for example, when requesting a demo, downloading a resource, or contacting us), you agree that the information you provide will be accurate, correct and up to date.

Unless you have been specifically permitted to do so in a separate agreement with Abloomify, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents for any purpose.

You agree that you are solely responsible for (and that Abloomify has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which Abloomify may suffer) of any such breach.

4. Submissions

The Site allows you to send us information and materials, for example through contact and demo request forms, resource downloads, partner applications, and feedback ("Submissions"). You are solely responsible for your Submissions. You agree that your Submissions will not:

• be harassing, abusive, threatening, harmful, libelous, defamatory, or otherwise unlawful, or encourage conduct that could constitute a criminal offense or give rise to civil liability;
• infringe any intellectual property, privacy, or other rights of any person, unless you own the rights or have obtained all necessary consents;
• contain viruses or other harmful components;
• impersonate any person or entity or misrepresent your affiliation with any person or entity.

Except for personal information, which we handle as described in our Privacy Policy, you grant Abloomify a non-exclusive, worldwide, royalty-free license to use feedback, suggestions and ideas you send us about our products and services, without any obligation to you.

Abloomify may review, decline, limit or remove any Submission at its sole discretion. To notify us of illegal or inappropriate material on the Site, contact hello@abloomify.com and we will review the notice and take the action we consider appropriate.

5. Accepting the Terms of Use and Additional Terms

By accessing and using the Site in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein. Before continuing to use the Site, please read these Terms of Use and contact us if you have any questions.

Abloomify may amend, modify and supplement these Terms of Use from time to time, including with additional terms and conditions that govern certain information, content, products and services made available to you via the Site ("Additional Terms"). When we make changes, we will post the updated version on this page and update the "Last modified" date above, and if a change is material we will provide reasonable notice, such as a notice on the Site. Changes apply prospectively from the date they are posted. By continuing to access and use the Site after changes are posted, you accept and agree to comply with and be bound by the updated Terms of Use and any Additional Terms.

The Additional Terms and the Privacy Policy (located on the Site) are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use, the Privacy Policy and any Additional Terms.

6. Click-Through Agreements

Before you use certain areas of the Site, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked "OK" or "I agree". Any special terms and conditions to which you agree will supplement and amend these Terms of Use.

7. Links to Third-Party Sites

Use of certain links on the Site will direct you away from the Site to third party websites. Such third party websites are not under the control of Abloomify, and Abloomify is not responsible for the contents of any such website, any link contained in such website, or the policies of such website, including, without limitation, privacy policies or lack thereof. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by Abloomify of any such website or the products or services offered therein. If you decide to access any third party website linked to the Site, you do so entirely at your own risk, and you acknowledge and agree that Abloomify shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party website.

8. Privacy and Personal Information

Personal information collected through the Site, including information you provide through forms and information collected through cookies, analytics and advertising technologies subject to the choices you make in our cookie consent banner, is handled as described in our privacy policy at https://www.abloomify.com/privacy-policy. The Privacy Policy explains what we collect, how we use and share it, where it is stored, and the rights and choices you have, including how to opt out of marketing communications.

Abloomify reserves the right to disclose personal information where required by law or where we believe that disclosure is necessary to protect our rights, our users or the public, or to comply with a judicial proceeding, court order, or legal process. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent unlawful access to this information by third parties.

Questions or requests with respect to your personal information may be sent via email to legal@abloomify.com.

9. Ownership of Intellectual Property Rights

The Site together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Site, is the exclusive property of Abloomify, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with Abloomify, nothing in these Terms of Use gives you a right to use any of the Contents, Abloomify's trade-marks or other intellectual property of Abloomify. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.

You may access and use the Site and the Contents for your internal business purposes, including evaluating Abloomify's products and services, and for your personal, non-commercial use, and for no other purposes.

No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of Abloomify or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.

You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of Abloomify or its owner if Abloomify is not the owner.

You may link to the Site, provided that the link does not portray Abloomify or any of its activities, products or services in a false, misleading, derogatory, or otherwise negative manner, does not imply an endorsement or affiliation that does not exist, and does not frame or embed the Site in a way that obscures its origin.

Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

The limited rights granted to you under these Terms of Use may be revoked by Abloomify at any time for any reason whatsoever.

10. Intellectual Property Infringement

We take intellectual property rights, both our own and others, very seriously.

If you are an owner of intellectual property (or the owner's authorized agent) and believe that any of the Contents or the Site infringes your intellectual property, please notify us using the following procedure:

Please send a written notice of intellectual property infringement to legal@abloomify.com.

In your written notice, please provide the following information:

• Identification of the intellectual property claimed to have been infringed;
• Identification of the Contents that you claim are infringing your intellectual property;
• Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement that you believe that use of the Contents in the manner complained of is not authorized by the owner, its agent, or the law;
• A statement, made in good faith, that the information in the notification is accurate and that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will review notices submitted under this procedure and, where appropriate, remove or disable access to the material identified.

11. Third-Party Information

Any third-party content, data or publications made available through the Site are furnished by Abloomify on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of Abloomify. ABLOOMIFY DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

12. No Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE."

IN PARTICULAR, ABLOOMIFY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

• (a)THE SITE WILL MEET YOUR REQUIREMENTS,
• (b)THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION, OR WILL BE TIMELY, SECURE OR FREE FROM ERROR,
• (c)ANY INFORMATION OBTAINED BY YOU FROM THE SITE WILL BE ACCURATE OR RELIABLE, AND
• (d)ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ABLOOMIFY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

ABLOOMIFY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. Limitation of Liability

SUBJECT TO SECTION 12 ABOVE AND THE FINAL PARAGRAPH OF THIS SECTION, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ABLOOMIFY AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

• (a)ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH THE SITE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND
• (b)ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
  • (i)ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY OF THE CONTENTS;
  • (ii)ANY CHANGES WHICH ABLOOMIFY MAY MAKE TO THE SITE, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE); OR
  • (iii)THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY SUBMISSION MADE THROUGH THE SITE.

THE LIMITATIONS ON ABLOOMIFY'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT ABLOOMIFY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Nothing in these Terms of Use excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud or willful misconduct, and nothing in these Terms of Use affects statutory rights that you hold as a consumer where those rights cannot be waived by agreement.

14. Termination

We may suspend or terminate your access to the Site at any time, including if you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with these Terms of Use), or if we are required to do so by law. Termination of a customer's subscription to the Abloomify platform is governed by the applicable customer agreement, not by this section.

When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and Abloomify have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.

15. Indemnification

You agree to indemnify, defend, and hold harmless Abloomify and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use, and (b) your use of the Site.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.

16. General

These Terms of Use, together with any Additional Terms and the Privacy Policy, constitute the entire agreement between you and Abloomify relating to your use and our provision of the Site. For clarity, customer agreements governing the Abloomify platform and services are separate agreements and are not affected by this clause.

You agree that Abloomify may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.

You agree that if Abloomify does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Abloomify has the benefit of under any applicable law), this will not be taken to be a formal waiver of Abloomify's rights and that those rights or remedies will still be available to Abloomify.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles. Subject to any rights you may have under mandatory applicable law, any dispute arising out of or in connection with these Terms of Use or your use of the Site shall be submitted to the courts of the Province of Ontario, and you attorn to the jurisdiction of those courts.

No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.

17. Obtaining Abloomify's Consent and Contacting Us

To request the consent of Abloomify for any of the actions for which such consent is required under these Terms of Use, or to contact us about these Terms of Use for any other reason, please send an e-mail to hello@abloomify.com. Abloomify reserves the right to refuse any consent requests in its sole discretion.