Terms of Service

Effective 2026-10-08

1. Who these terms are between

These Terms of Service ("Terms") are an agreement between Ben Katzenberg, doing business as Bloomly Studios, doing business as Bloomly ("Bloomly", "we", "us"), and the business that signs up for our services ("you"). The person accepting these Terms confirms they are at least 18 and have authority to bind that business.

Bloomly is for businesses. It is not offered to individuals for personal, family or household use.

These Terms include our Privacy Policy, Data Processing Addendum and Acceptable Use Policy. If a signed order or proposal for your business says something different from these Terms, the signed order wins for that point.

2. What we provide

Your website

• We design and build a website for your business from the information, photos and logo you give us and from public information about your business. Before it goes live, you review it, and two rounds of changes are included.
• We host it, keep its security certificate current, keep backups, and keep it working on phones, tablets and computers.
• We make small changes when you ask: text, photos, hours, prices, services, contact details, and similar updates. Up to 30 minutes of these edits each month are included. We aim to finish them within one business day, but that's a goal, not a guarantee.
• Larger work is quoted separately before we start. That includes a full redesign, new features, online stores, new pages, or edits beyond the monthly allowance. Nothing extra is charged without your okay.
• If we register a domain name for you, we register it in your business's name or transfer it to you when you ask. Renewal of one standard domain is included while your plan is active.

The Bloomly dashboard (Growth plan)

Tools to manage inquiries, your schedule, customers, estimates, invoices, review requests and related records, plus the features listed on your plan when you sign up. We may improve, change or retire individual features over time. If we remove something central to the plan you pay for, we'll tell you at least 30 days ahead and you can cancel without penalty.

Things we don't do

• We don't send texts, emails or calls to your customers for you. Buttons like "Text back" or "Ask for review" open a ready-to-send message on your own phone or email, and you choose whether to send it. The exception is optional call answering, if you turn it on (see section 7).
• We don't guarantee search rankings, a number of inquiries, reviews or sales.
• We don't give legal, tax or accounting advice. Invoices and estimates you create are your documents. Check that they meet the rules for your trade and state.
• Weather, travel times, map locations and similar information come from outside sources. They can be wrong or late, so don't rely on them for safety decisions.

3. Plans and prices

Prices are in US dollars and don't include sales tax. We add any tax we're required to collect.

Your price stays the same while you keep your plan. If we raise prices, we'll email you at least 30 days before the new price applies to you. You can cancel before then.

4. Billing, renewal and cancellation

• Nothing is charged until your website is live. When your site goes live and you've approved it, we charge the setup fee and your first month together. If you decide not to go ahead before then, you owe nothing.
• Monthly and automatic. After that, your plan renews every month on the same date, and we charge the card or payment method on file at the start of each month, until you cancel. You agree to this when you start billing.
• The setup fee isn't refundable once your site is live, because the design work has been done and approved.
• Cancel any time. Cancel from Help & account in your dashboard, by email to hello@bloomlystudios.com, or by phone. Your plan stays active until the end of the month you've already paid for. After that, we don't charge you again. We don't refund partial months unless the law requires it.
• Switching plans. You can move between Care and Growth. The new price starts with your next monthly charge.
• Payment problems. If a payment fails, we'll let you know and retry. If it's still unpaid after 14 days, we may pause the dashboard. After 30 days, we may take the website offline. Once you pay, we turn everything back on. We don't charge late fees.
• Card payments are handled by Stripe. We never see or store your full card number.
• Disputes. If you think a charge is wrong, contact us within 60 days and we'll look into it promptly.

5. Who owns what

• Your content. You own the text, photos, logos, customer records and other material you give us or enter into Bloomly ("Your Content"). You give us permission to use Your Content only to provide and improve the services for you, including showing it on your website.
• Your domain. Your domain name belongs to your business.
• Your website. Once your setup fee is paid, you have a permanent, non-exclusive right to use the design and files of your website for your business, including after you leave. When you cancel, we'll send you a copy of your website's files on request. You can host them anywhere.
• Our tools. Bloomly itself, including the dashboard, our software, our design system and templates, and the tools we use to build websites, stays ours. Your plan gives you a right to use the dashboard while you're subscribed; it doesn't transfer ownership of it.
• Third-party material. Some websites use licensed fonts, icons or stock photos. Those remain under their own licenses, which we'll tell you about if you take your site elsewhere.
• Feedback. If you suggest an improvement, we can use the idea without owing you anything.
• Portfolio. We may show your public website as an example of our work. Tell us if you'd prefer we didn't.

6. Your responsibilities

• Give us accurate information about your business, and keep your account details private. You're responsible for what happens under your logins, and you should tell us right away if you think someone else has access.
• Only give us content you have the right to use, such as photos you took or have permission to use.
• Follow the laws that apply to your business, including licensing for your trade and the claims you make on your website.
• Contacting your customers. When you text, call or email your customers, including messages Bloomly drafts for you, you're responsible for having their permission where the law requires it, for honoring opt-outs, and for following the Telephone Consumer Protection Act, the CAN-SPAM Act and similar laws. Mark people who ask not to be contacted as "Do not contact". Bloomly then hides their contact buttons.
• Don't put highly sensitive information into Bloomly. That includes Social Security numbers, full card or bank numbers, health or medical records, and passwords. Bloomly isn't built for patient health information under HIPAA, and we don't sign business associate agreements.
• Follow our Acceptable Use Policy.

7. Optional call answering

If you turn on call answering, an automated assistant answers calls to your business number when you can't. It records calls and makes transcripts so it can pass the caller's details to your dashboard. Before we turn it on:

• Its greeting must tell callers they're speaking with an automated assistant and that the call may be recorded.
• You must be allowed to record calls where you and your callers are.

You can turn it off at any time.

8. Your data

• We handle the records you keep in Bloomly on your behalf, as described in our Data Processing Addendum. We don't sell them or use them to advertise to your customers.
• You can download your records from your dashboard at any time.
• After you cancel, your records stay available to download for 30 days. Then we delete them within the following 60 days. Backups roll off on their normal schedule, and we keep billing records as long as tax law requires.

9. Availability and changes to the service

We work hard to keep your website and dashboard running and secure. We can't promise they'll never be interrupted, for example during maintenance or an outage at one of our providers. When we plan maintenance that could affect you, we'll try to do it outside business hours.

10. Suspending or ending service

We may suspend or end your account if any of these happen:

• You don't pay, as described in section 4.
• You seriously or repeatedly break these Terms.
• You use the services for something illegal or harmful.
• We're required to by law.

Except in urgent cases, we'll tell you first and give you a chance to fix the problem. If we stop offering the services altogether, we'll give you at least 60 days' notice, refund any prepaid unused time, and send you your website files and records.

11. Warranty

We'll provide the services with reasonable skill and care. Apart from that promise and anything the law doesn't let us exclude, the services are provided "as is". We don't make other promises, such as that the services will meet every need you have, will be error-free, or will produce particular business results.

12. Limits on liability

To the fullest extent allowed by New Jersey and federal law:

• Neither of us is liable to the other for lost profits, lost revenue, lost data that could have been exported, or indirect, special or consequential damages.
• Our total liability for all claims about the services is limited to the amount you paid us in the 12 months before the claim arose.

These limits don't apply to fraud, willful misconduct, gross negligence, either side's obligations under section 13, or anything else the law doesn't allow to be limited.

13. Responsibility for claims by others

If someone brings a claim against us because of Your Content, or because of how you contacted your customers, you'll cover the reasonable costs of that claim, including legal fees. Your Content includes photos you didn't have rights to and claims on your website.

If someone claims that the website design or software we provided infringes their rights, we'll defend you and cover those costs. We may also fix the problem by changing the affected part.

Whoever is asking for this protection must tell the other promptly and cooperate.

14. Disputes

If something goes wrong, contact us first. We'll try in good faith to resolve it within 30 days. If we can't:

• New Jersey law governs these Terms.
• Either of us may bring the claim in the state courts in Middlesex County, New Jersey, or the federal court for the District of New Jersey.
• Either of us may also use small claims court if the claim qualifies.

15. Changes to these Terms

We may update these Terms. If a change matters, we'll email you or show a notice in your dashboard at least 30 days before it takes effect, and we'll ask you to accept the new version. If you don't agree, you can cancel before the change takes effect and won't be bound by it. The version and date are at the top and bottom of this page.

16. General

• These Terms, the documents they include, and any signed order are the whole agreement between us about the services.
• If part of these Terms can't be enforced, the rest still applies.
• Neither of us is responsible for delays caused by events outside our reasonable control.
• You may transfer this agreement to a buyer of your business with our written okay, which we won't unreasonably refuse. We may transfer it to a company that takes over Bloomly and continues these Terms.
• We're independent businesses. Nothing here creates a partnership or employment.
• Notices can be sent by email to the addresses on your account and ours.
• Sections that by their nature should continue after the agreement ends, such as ownership, liability, data and disputes, continue.

17. Contact

Ben Katzenberg, doing business as Bloomly Studios (Bloomly), 15 East Waverly Drive East Brunswick NJ. Email hello@bloomlystudios.com, phone 7324849752.

Version 2026-10-08. Questions: hello@bloomlystudios.com · 7324849752 · Ben Katzenberg, doing business as Bloomly Studios, 15 East Waverly Drive East Brunswick NJ