Legal

Bloomana Terms of Service

A product of Guaico LLC · Charlotte, North Carolina

Effective date: August 3, 2026 · Last updated: August 3, 2026

This agreement covers your account and subscription, the content you put into Bloomana, the third-party services it relies on, and how disputes are handled. The notice below flags the sections that limit our liability; the agreement itself is the full text that follows.

Bloomana is practice-management software for birth workers, including doulas, birth and postpartum professionals, and the practices and collectives they work within. It is provided by Guaico LLC, a North Carolina limited liability company ("Bloomana," "we," "us," or "our"). You may contact us at hello@bloomana.io.

These Terms of Service ("Terms") form a binding legal agreement between you and Guaico LLC. They apply whenever you create an account, subscribe to a plan, accept an invitation to a practice, or otherwise access or use bloomana.io, app.bloomana.io, our mobile applications, our APIs, or any related content, features, templates, or support (collectively, the "Service").

By creating an account, clicking to accept, or using the Service in any way, you agree to these Terms and to our Bloomana Privacy Policy, which is incorporated into these Terms by reference and available at https://bloomana.io/privacy. If you do not agree to every part of these Terms, you must not use the Service.

"You" and "your" mean the individual accepting these Terms and any practice, agency, collective, business, or other organization on whose behalf that individual acts. If you accept on behalf of an organization, you represent and warrant that you have authority to bind it, and "you" includes that organization.

You must be at least 18 years old, capable of forming a binding contract, and using the Service for a business or professional practice operating in the United States. The Service is not offered to consumers for personal, family, or household purposes, and is not directed to or intended for use by expectant or postpartum clients, except that a practice may send a client a form to complete or a document to review and sign electronically.

You are responsible for the accuracy of your account information, for safeguarding your login credentials and any device on which you remain signed in, and for all activity occurring under your account, whether or not authorized by you. Notify us promptly at hello@bloomana.io if you suspect unauthorized access. We are not liable for any loss arising from your failure to safeguard credentials or from any activity under your account.

Access may be invitation-only, capped, or otherwise limited during a beta, pilot, or early-access period. Beta and early-access features are provided for evaluation only, may be incomplete or unstable, may be changed or withdrawn at any time without notice, and are provided entirely at your own risk.

Bloomana provides practice-management software and related workflow tools. That is all it provides.

BLOOMANA IS NOT A HEALTHCARE PROVIDER, HEALTHCARE CLEARINGHOUSE, LAW FIRM, ACCOUNTING FIRM, INSURANCE PROVIDER, BILLING SERVICE, OR PROFESSIONAL ADVISOR OF ANY KIND. NOTHING MADE AVAILABLE THROUGH THE SERVICE — INCLUDING ANY TEMPLATE, FORM, CONTRACT, CHECKLIST, CALCULATION, PROMPT, ARTICLE, HELP CONTENT, SUPPORT COMMUNICATION, OR AI-GENERATED OUTPUT — IS MEDICAL, CLINICAL, DIAGNOSTIC, THERAPEUTIC, LEGAL, TAX, ACCOUNTING, INSURANCE, OR OTHER PROFESSIONAL ADVICE, TO YOU OR TO ANY CLIENT, PATIENT, PATRON, FAMILY MEMBER, OR OTHER PERSON.

The Service does not diagnose, treat, monitor, or make recommendations about any medical condition, pregnancy, labor, delivery, or postpartum course, and must never be relied on for clinical decision-making or in an emergency. In a medical emergency, call 911 or your local emergency number.

The Service is a record-keeping and workflow tool and does not replace your own professional judgment, training, certification, scope of practice, supervision requirements, or legal obligations. You alone are responsible for:

• your services, advice, conduct, scope of practice, and clinical or non-clinical judgment;
• your qualifications, certification, licensure, registration, continuing education, and insurance;
• your relationships and agreements with your clients, their families, and their care teams;
• compliance with all federal, state, and local laws, professional standards, payer rules, and Medicaid or insurance requirements applicable to you; and
• determining whether the Service is suitable and lawful for your particular practice, state, and circumstances.

Bloomana is not a party to any agreement between you and your clients, between you and any other practitioner, or between you and any payer, and assumes no duty to any of them.

Data in the Service is organized by practice. A practice may have one or more authorized users. Practice owners and administrators control access, roles, permissions, and subscription seats, and are fully responsible for every user they invite and for those users' access to, use of, and export of practice data.

If you are invited to another practice, you acknowledge that the practice owner controls that practice's data, may view your activity within it, and may remove your access at any time without notice. Bloomana has no obligation to mediate, arbitrate, preserve data in, or otherwise involve itself in any dispute between practice owners, administrators, users, contractors, or collective members, and we may act on the instructions of the practice owner of record.

Bloomana is offered on subscription plans.

THIS AGREEMENT DOES NOT LIST PRICES. THE PLANS, PRICES, FEATURES, PLAN LIMITS, BILLING INTERVALS, AND ANY SEAT OR ADD-ON FEES THAT APPLY TO YOU ARE THOSE DISPLAYED ON OUR WEBSITE AT BLOOMANA.IO AND IN THE SERVICE AT THE TIME OF YOUR PURCHASE, AND SHOWN TO YOU AT CHECKOUT BEFORE YOU ARE CHARGED. THOSE DISPLAYED TERMS ARE INCORPORATED INTO THESE TERMS AND CONTROL. CURRENT PRICING IS ALWAYS AVAILABLE ON OUR WEBSITE AND IN YOUR ACCOUNT SETTINGS.

Plans, prices, features, and limits may change. Some plans are not sold online and are available only by contacting us at hello@bloomana.io.

Billing intervals. Plans may be offered on a monthly or annual interval. An annual plan is billed once, in advance, for the full year at the annual price shown at checkout, and is not refundable in whole or in part if you cancel mid-term, except where law requires otherwise.

Free trial. We may offer a free trial, currently 14 days and currently with no payment method required to begin. Trial length, features, and eligibility are at our discretion and may change. Unless you subscribe, access ends when the trial ends. We may limit trials to one per person or practice and may end or modify a trial at any time.

Onboarding and setup services. We may offer optional one-time onboarding and setup services, such as account setup, template configuration, and readiness checklists. These are not a listed product and have no standard price. Each engagement is scoped and quoted individually, case by case, after we assess your practice, and the fee is agreed with you in writing before any work begins. Onboarding fees are one-time professional-services fees, are separate from and in addition to your subscription, are earned when the work is performed, and are non-refundable except where law requires otherwise. Onboarding is configuration assistance only. It is not legal, compliance, billing, tax, or medical advice, and it is not a certification, audit, review, or assurance that you or your practice comply with HIPAA or any other law, payer rule, or professional standard. Any checklist we provide is a general convenience document that you must review with your own advisors.

Where you buy. Subscriptions are sold and purchased on the web. Our mobile applications provide access to an existing Bloomana account and do not independently sell subscriptions. If we ever make a subscription available through a mobile app store, that store's billing, cancellation, and refund rules will also apply and may control. Promotional pricing, discounts, founding-member rates, referral credits, and evaluation access may be offered or withdrawn at our discretion and are governed by the terms shown when offered.

Subscriptions are processed by our payment provider and automatically renew for the selected interval at the then-current price until canceled. You authorize us and our payment provider to charge your payment method on a recurring basis, together with any applicable taxes and any seat or add-on fees. Where a plan includes seats or other usage allowances, additional seats or usage are charged at the rates shown at purchase.

You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period, and you retain access until then. Except where law requires otherwise, all fees are non-refundable, including for partial periods, unused time, unused seats, downgrades, features you did not use, or periods in which the Service was unavailable. We may change prices on at least 30 days' notice, with the change applying at your next renewal. You are responsible for all applicable taxes other than taxes on our net income. We may suspend or downgrade paid features after an unresolved payment failure, and we are not liable for any loss of access or data resulting from your non-payment.

Where available, payments from your clients are processed through a Stripe account that you create and connect through Stripe Connect. Your connected account is governed by your own separate agreement with Stripe, including Stripe's services agreement, its connected account agreement, and its privacy policy, all of which are published by Stripe at stripe.com. You are responsible for finding, reading, accepting, and complying with Stripe's current terms. Stripe alone decides whether to approve, limit, suspend, reserve funds in, or close your account.

Client funds are paid to your connected Stripe account. They do not pass through, and are never held or controlled by, Bloomana. Bloomana is not a bank, money transmitter, payment processor, payment facilitator, escrow agent, collection agency, or merchant of record for your services.

You are solely responsible for your prices, invoices, deposits, payment plans, refunds, chargebacks, disputes, receipts, taxes, tax reporting, and all Stripe processing and account fees. Stripe's processing fees are borne by you and are deducted from what you receive. Bloomana currently takes no platform fee on client payments; if we introduce one, it will be disclosed before you incur it. Bloomana does not guarantee that any payment will be authorized, succeed, settle, or remain settled, and is not responsible or liable for any funds held, reserved, reversed, delayed, withheld, misdirected, or lost by Stripe or any other payment provider, or for any account limitation, suspension, or closure by them.

As between you and Bloomana, you own the information, records, documents, images, and files you or your users submit to the Service ("Your Content"). You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process Your Content solely to provide, secure, support, troubleshoot, and improve the Service for you and as described in our Privacy Policy.

You represent and warrant that you have the full right to submit Your Content and that, before entering information about any person into the Service, sharing it through the Service, or sending any form, contract, invoice, or message, you have provided every notice and obtained every permission, authorization, and consent required by law, by your professional or ethical obligations, and by any agreement you are subject to — including consent to the use of cloud-based software, electronic records, electronic signatures, electronic communications, and, where applicable, AI-assisted features and audio recording.

WE DO NOT USE YOUR CONTENT TO TRAIN ARTIFICIAL-INTELLIGENCE MODELS, AND WE CONTRACTUALLY REQUIRE OUR AI PROVIDERS NOT TO DO SO EITHER.

Our Privacy Policy explains the categories of information we collect, our purposes for processing, the providers we disclose information to, our retention practices, our security practices, and the privacy choices available to you.

READ THIS SECTION IN FULL. IT IS ONE OF THE MOST IMPORTANT SECTIONS OF THESE TERMS.

8.1We are not HIPAA compliant and we are not your business associate

BLOOMANA DOES NOT REPRESENT, WARRANT, CERTIFY, OR IMPLY THAT THE SERVICE IS HIPAA COMPLIANT, HITECH COMPLIANT, OR SUITABLE FOR PROTECTED HEALTH INFORMATION ("PHI"). WE DO NOT OFFER, AND WILL NOT ENTER INTO BY CONDUCT, COURSE OF DEALING, EMAIL, SUPPORT TICKET, OR IMPLICATION, A BUSINESS ASSOCIATE AGREEMENT ("BAA"). WE ARE NOT, AND DO NOT AGREE THROUGH THESE TERMS OR THROUGH ANY USE OF THE SERVICE TO BECOME, A "BUSINESS ASSOCIATE," "COVERED ENTITY," "SUBCONTRACTOR," OR "HEALTH CARE CLEARINGHOUSE" AS THOSE TERMS ARE DEFINED UNDER HIPAA (45 C.F.R. PARTS 160 AND 164).

No statement by any Bloomana employee, contractor, marketing material, blog post, sales conversation, support reply, or third-party review creates a BAA or any HIPAA obligation on our part. The only way Bloomana can ever become your business associate is through a separate written agreement expressly titled as a Business Associate Agreement and signed by an authorized officer of Guaico LLC. No such agreement is currently offered.

8.2You decide, and you are responsible

If you are a HIPAA covered entity, a business associate, a subcontractor of either, or are otherwise subject to HIPAA, state health-privacy law, state medical-records law, reproductive- or maternal-health privacy law, or genetic- or biometric-privacy law, you alone are responsible for determining whether your use of the Service satisfies your legal obligations. We do not make that determination for you and we do not advise you on it.

You must not use the Service to create, receive, maintain, or transmit PHI in any manner that requires a BAA. If your obligations require a BAA, do not use the Service for that information. You are responsible for minimizing the health information you place into the Service and for deciding what belongs in a Bloomana record versus in a HIPAA-compliant system you separately maintain.

8.3If you put PHI or health information in anyway

You acknowledge and agree that:

• you do so entirely at your own risk and on your own decision, without any representation from us that it is lawful or appropriate;
• no HIPAA protections, safeguards, breach-notification obligations, minimum-necessary limits, or business-associate duties apply to Bloomana with respect to that information;
• Bloomana has no obligation to notify you, your clients, any regulator, the U.S. Department of Health and Human Services, any state attorney general, or any other person of any incident involving that information beyond what generally applicable law independently requires of us;
• you are solely responsible for any breach notification, regulatory reporting, investigation, remediation, credit monitoring, or client communication arising from that information; and
• you are solely responsible for any resulting fine, penalty, civil monetary penalty, settlement, judgment, corrective action plan, audit, investigation, enforcement action, or claim, whether brought by a client, a regulator, a payer, a covered entity, or any other person.

8.4Your indemnity and release for health information

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE BLOOMANA PARTIES (AS DEFINED IN SECTION 17) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, INVESTIGATIONS, ENFORCEMENT ACTIONS, AUDITS, FINES, PENALTIES, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS, AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES AND THE COST OF RESPONDING TO REGULATORS) THAT ARISE OUT OF OR RELATE IN ANY WAY TO PROTECTED HEALTH INFORMATION, MEDICAL INFORMATION, MENTAL-HEALTH INFORMATION, REPRODUCTIVE- OR MATERNAL-HEALTH INFORMATION, GENETIC INFORMATION, BIOMETRIC INFORMATION, OR ANY OTHER SENSITIVE PERSONAL INFORMATION THAT YOU OR YOUR USERS PLACE INTO, TRANSMIT THROUGH, STORE IN, OR EXPORT FROM THE SERVICE.

YOU FURTHER RELEASE THE BLOOMANA PARTIES FROM ANY AND ALL LIABILITY ARISING FROM OR RELATING TO SUCH INFORMATION. THIS INDEMNITY AND RELEASE RUN IN ONE DIRECTION ONLY: FROM YOU TO US. BLOOMANA DOES NOT INDEMNIFY YOU, YOUR PRACTICE, YOUR USERS, OR YOUR CLIENTS FOR ANY HIPAA, HEALTH-PRIVACY, OR DATA-PROTECTION CLAIM, OBLIGATION, PENALTY, OR LOSS OF ANY KIND, AND NOTHING IN THESE TERMS, IN THE SERVICE, OR IN ANY COMMUNICATION FROM US SHALL BE READ AS BLOOMANA INDEMNIFYING, DEFENDING, INSURING, OR HOLDING ANYONE HARMLESS.

This Section 8 survives termination of these Terms and your account.

The Service may include AI-assisted features, including features referred to as "Ana," which may organize, summarize, draft, suggest, or otherwise assist with information you provide.

9.1Your obligations before you use AI features

BEFORE USING ANY AI-ASSISTED FEATURE, AND BEFORE ANY DICTATION, TRANSCRIPTION, OR AI-ASSISTED NOTE INVOLVING ANOTHER PERSON, YOU MUST:

• Review the laws of your state and every state in which you practice or in which your client is located, including laws governing audio recording and one-party versus all-party (two-party) consent, wiretapping, telehealth, health records, professional documentation, scope of practice, advertising, and the use of automated or AI tools in a care or advisory setting; and
• Obtain and document informed consent from your client (and from any other person whose voice, image, or information may be captured) to the use of AI-assisted features, to any recording or transcription, and to the processing of their information by our AI service providers, in the form and manner your state's law and your professional obligations require.

You are solely responsible for determining whether AI-assisted features are lawful and appropriate for your practice, for obtaining and retaining evidence of consent, and for honoring any withdrawal of consent. Bloomana does not obtain consent on your behalf, does not verify that you have obtained it, and does not advise you on your state's requirements. A consent prompt, checkbox, banner, or template that the Service may display is a convenience only and is not a legal determination that it is sufficient for your state or situation.

9.2AI output is unreliable and must be reviewed

AI OUTPUT MAY BE INACCURATE, INCOMPLETE, OUT OF DATE, BIASED, FABRICATED, OR MISLEADING. YOU MUST INDEPENDENTLY REVIEW, VERIFY, CORRECT, AND APPROVE ALL AI OUTPUT BEFORE RELYING ON IT, ACTING ON IT, SENDING IT, BILLING FROM IT, OR SAVING IT TO A CLIENT RECORD. YOU ARE THE AUTHOR AND THE RESPONSIBLE PROFESSIONAL FOR EVERY RECORD IN YOUR ACCOUNT, REGARDLESS OF WHETHER AI ASSISTED IN PRODUCING IT.

AI features do not provide medical, clinical, diagnostic, legal, tax, or other professional advice and do not replace your judgment, your documentation standards, or your professional obligations. Similar inputs may produce different outputs, and outputs are not unique to you.

9.3Processing and providers

Currently, where you dictate a note, speech-to-text conversion occurs on your own device, and audio is not uploaded to or stored by Bloomana. Third-party AI providers may process the text you submit as described in our Privacy Policy. Bloomana does not use Your Content to train AI models and contractually requires its AI providers to process Your Content only to provide the requested service and not to train their models on it. We do not control, and are not responsible for, the internal operation, availability, accuracy, or acts or omissions of any AI provider. AI features may vary by plan and may be changed, limited, or discontinued at any time.

EVERY FORM, TEMPLATE, CONTRACT, AGREEMENT, INTAKE DOCUMENT, CONSENT FORM, WAIVER, CHECKLIST, POLICY, SCRIPT, EMAIL, INVOICE FORMAT, CLAUSE, AND SAMPLE OR SUGGESTED LANGUAGE MADE AVAILABLE THROUGH THE SERVICE — WHETHER PROVIDED BY BLOOMANA, GENERATED BY AI, OR CONTRIBUTED BY ANOTHER USER — IS PROVIDED AS AN EXAMPLE AND STARTING POINT ONLY, FOR GENERAL INFORMATIONAL AND CONVENIENCE PURPOSES. IT IS NOT LEGAL ADVICE, IS NOT DRAFTED FOR YOUR STATE, PRACTICE, PAYER, OR SITUATION, AND CREATES NO ATTORNEY-CLIENT RELATIONSHIP WITH BLOOMANA, GUAICO LLC, OR ANYONE ACTING ON OUR BEHALF.

YOU MUST HAVE YOUR OWN LICENSED ATTORNEY REVIEW, REVISE, AND APPROVE EVERY DOCUMENT BEFORE YOU USE IT, SEND IT, SIGN IT, OR ASK ANYONE ELSE TO SIGN IT. YOU ASSUME ALL RISK OF USING ANY DOCUMENT WITHOUT SUCH REVIEW.

You are solely responsible for every document you create, edit, send, store, or execute through the Service, including its content, accuracy, completeness, legality, enforceability, delivery, execution, retention, and interpretation, and for determining whether it complies with the law of every applicable jurisdiction and with your professional and payer obligations.

BLOOMANA MAKES NO REPRESENTATION OR WARRANTY THAT ANY DOCUMENT IS VALID, ENFORCEABLE, CURRENT, COMPLETE, COMPLIANT, ADMISSIBLE, OR SUITABLE FOR ANY PURPOSE, AND BLOOMANA IS NOT RESPONSIBLE OR LIABLE FOR ANY DOCUMENT OR FOR ANY CONSEQUENCE OF ITS USE, NON-USE, MISUSE, REJECTION, INVALIDITY, UNENFORCEABILITY, OR OUTCOME, INCLUDING ANY DISPUTE, CLAIM, PENALTY, DENIED PAYMENT, OR JUDGMENT INVOLVING YOU, YOUR CLIENT, A PAYER, OR ANY THIRD PARTY. YOU RELEASE AND INDEMNIFY THE BLOOMANA PARTIES WITH RESPECT TO ALL SUCH DOCUMENTS AS PROVIDED IN SECTIONS 17 AND 19.

Electronic signature functionality may be provided through a third-party provider. You are responsible for determining whether an electronic signature satisfies the E-SIGN Act, UETA, and any other applicable law for your document and jurisdiction, and for retaining your own copies and audit records. Bloomana does not guarantee the validity, availability, or evidentiary sufficiency of any electronic signature and is not a party to any agreement between you and your clients.

You may not, and may not permit anyone to: use the Service unlawfully or for any unlawful purpose; violate any professional, licensing, ethical, or payer obligation; submit content you lack the rights or consents to submit; infringe or misappropriate any third-party right; upload malware or harmful code; interfere with, overload, or disrupt the Service; attempt unauthorized access to any account, system, or data; probe or test security without our prior written permission; reverse engineer, decompile, scrape, crawl, or create derivative works from the Service; use the Service or its output to build, train, or improve a competing product or model; resell, sublicense, timeshare, or provide the Service as a service bureau except as expressly permitted; misrepresent your identity, credentials, licensure, or affiliation; or send unlawful, harassing, deceptive, or unsolicited communications through the Service.

We may investigate suspected violations and may suspend, limit, or terminate access, remove content, and cooperate with law enforcement when we reasonably believe it necessary to protect the Service, our users, or any third party. We have no obligation to monitor content but may do so.

The Service and all software, source code, designs, interfaces, workflows, documentation, brands, and Bloomana-provided templates are owned by Guaico LLC or its licensors and are protected by intellectual-property law. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your own practice during your subscription term. All rights not expressly granted are reserved. "Bloomana," "Ana," "Guaico," and related names and logos are our marks and may not be used without our written permission.

If you send us feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose without restriction, attribution, compensation, or obligation to you.

13.1We rely on third parties, and we are not responsible for them

The Service depends on third-party products and services, including hosting and infrastructure, databases, authentication and storage, payment processing, AI and machine-learning providers, electronic-signature providers, email and other communications providers, mobile app stores and operating systems, and any integration, plug-in, link, or connected account you choose to enable (each a "Third-Party Service"). Our current providers are:

EACH THIRD-PARTY SERVICE IS PROVIDED BY AN INDEPENDENT COMPANY THAT WE DO NOT OWN OR CONTROL. YOUR USE OF ANY THIRD-PARTY SERVICE IS GOVERNED BY THAT PROVIDER'S OWN TERMS AND PRIVACY POLICY, AND IS SOLELY BETWEEN YOU AND THAT PROVIDER. YOU ARE RESPONSIBLE FOR FINDING, READING, ACCEPTING, AND COMPLYING WITH THOSE TERMS, WHICH EACH PROVIDER PUBLISHES ON ITS OWN SITE.

We link to each provider's site rather than to a specific policy page, because providers move and rename those pages. The current list of providers is maintained in our Privacy Policy, and providers may change from time to time without notice to you.

13.2Disclaimer and release as to third parties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE BLOOMANA PARTIES DISCLAIM ALL RESPONSIBILITY AND LIABILITY OF EVERY KIND FOR ANY THIRD-PARTY SERVICE AND FOR ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION:

• any outage, downtime, latency, degradation, discontinuation, deprecation, price change, policy change, feature removal, or change in a provider's terms;
• any error, defect, inaccuracy, hallucination, corruption, loss, deletion, or misdelivery of data by a provider;
• any security incident, unauthorized access, data breach, ransomware event, or compromise occurring at or through a provider;
• any decision by a provider to approve, deny, limit, suspend, reserve, freeze, reverse, delay, withhold, or close an account, payment, payout, transfer, or transmission;
• any provider's collection, use, retention, disclosure, sale, sharing, transfer, or processing of information, including any use inconsistent with that provider's stated policies;
• any third-party content, link, advertisement, marketplace listing, or user-contributed template accessible through or referenced by the Service; and
• any harm, loss, cost, penalty, claim, or damage that you, your practice, your users, your clients, or any third party suffer as a result of any of the foregoing.

YOU EXPRESSLY ASSUME ALL RISK OF USING ANY THIRD-PARTY SERVICE AND RELEASE THE BLOOMANA PARTIES FROM ANY AND ALL CLAIMS ARISING FROM OR RELATING TO ANY THIRD-PARTY SERVICE OR ANY THIRD PARTY'S ACTS OR OMISSIONS. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY THIRD-PARTY SERVICE IS AGAINST THAT THIRD PARTY.

We do not endorse, certify, guarantee, or assume any duty to vet, monitor, audit, or verify any Third-Party Service. If a provider changes, limits, or discontinues its service, dependent Bloomana features may change or stop, and that will not entitle you to any refund, credit, or damages.

You may cancel as described in Section 5 and may request account deletion by contacting hello@bloomana.io. We may suspend or terminate your access, in whole or in part, immediately and without liability, for material breach of these Terms, unresolved payment failure, suspected fraud or unlawful use, legal or regulatory requirement, security risk, or discontinuation of the Service or any plan. Where practicable and lawful, we will provide reasonable notice.

While your account is active, you may request a copy of your records at any time by emailing hello@bloomana.io. Following termination, we may make Your Content available for export for up to 30 days upon written request, after which we may permanently delete it, subject to legal retention duties and limited routine backups that expire on our ordinary cycle. Some deletions that you confirm within the Service are immediate and permanent and cannot be undone or recovered.

YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY MAINTAINING YOUR OWN COPIES OF ALL RECORDS YOU ARE REQUIRED OR MAY WISH TO KEEP FOR PROFESSIONAL, CLINICAL, TAX, INSURANCE, PAYER, OR LEGAL PURPOSES. YOU MAY REQUEST A COPY OF YOUR DATA AT ANY TIME BY EMAILING HELLO@BLOOMANA.IO. BLOOMANA IS NOT YOUR SYSTEM OF RECORD, ARCHIVE, OR BACKUP, AND IS NOT LIABLE FOR ANY LOSS, DELETION, OR INACCESSIBILITY OF DATA FOR ANY REASON.

Any provision that by its nature should survive termination — including Sections 3, 6, 7, 8, 9, 10, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, and 23 — survives.

THE SERVICE, INCLUDING ALL CONTENT, TEMPLATES, FORMS, DOCUMENTS, AI OUTPUT, CALCULATIONS, INTEGRATIONS, AND SUPPORT, IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK, AND YOU ASSUME FULL AND SOLE RESPONSIBILITY FOR THAT USE AND FOR EVERY CONSEQUENCE OF IT.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE BLOOMANA PARTIES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES OF EVERY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE BLOOMANA PARTIES DO NOT WARRANT AND EXPRESSLY DISCLAIM ANY REPRESENTATION THAT:

• the Service will be uninterrupted, timely, secure, error-free, virus-free, or free from data loss, corruption, or unauthorized access;
• any defect will be corrected, or that any correction will be made within any period;
• the Service, or your use of it, complies with HIPAA, any other health-privacy law, any state or federal law, any professional or licensing standard, any accreditation standard, any payer or Medicaid requirement, or any insurance requirement applicable to you;
• any AI output, transcription, summary, or suggestion is accurate, complete, current, unbiased, appropriate, or fit for any use;
• any template, form, contract, consent, policy, calculation, mileage figure, invoice, tax amount, or report is legally sufficient, accurate, complete, current, enforceable, or correct for your circumstances;
• any payment will be authorized, processed, settled, or remain settled, or that any funds will be received, retained, or released;
• any data will be preserved, retrievable, exportable, or recoverable; or
• the Service will meet your requirements, expectations, or business objectives, or produce any particular result, revenue, savings, efficiency, or outcome.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE BLOOMANA PARTIES OR THROUGH THE SERVICE — INCLUDING FROM SUPPORT, ONBOARDING, TRAINING, WEBINARS, HELP ARTICLES, OR MARKETING — CREATES ANY WARRANTY OR OBLIGATION NOT EXPRESSLY STATED IN THESE TERMS.

YOU ACKNOWLEDGE THAT YOU ARE A PROFESSIONAL EXERCISING YOUR OWN INDEPENDENT JUDGMENT; THAT YOU HAVE NOT RELIED ON ANY STATEMENT, REPRESENTATION, DEMONSTRATION, OR MARKETING MATERIAL NOT EXPRESSLY SET OUT IN THESE TERMS; AND THAT THE ALLOCATION OF RISK IN SECTIONS 15 THROUGH 19 IS A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN US AND IS REFLECTED IN THE FEES CHARGED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU; IN THAT CASE THESE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED.

TO THE FULLEST EXTENT PERMITTED BY LAW:

(A) NO INDIRECT DAMAGES. THE BLOOMANA PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST CLIENTS, LOST GOODWILL, LOST OR CORRUPTED DATA, BUSINESS INTERRUPTION, REPUTATIONAL HARM, COST OF SUBSTITUTE SERVICES, OR REGULATORY FINE OR PENALTY, ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(B) LIABILITY CAP. THE BLOOMANA PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED ONE HUNDRED FIFTY U.S. DOLLARS ($150). THIS CAP IS CUMULATIVE ACROSS ALL CLAIMS AND CLAIMANTS AND IS NOT INCREASED BY MULTIPLE CLAIMS OR INCIDENTS.

WITHOUT LIMITING THE ABOVE, THE BLOOMANA PARTIES ARE NOT LIABLE FOR:

• any amount you did not collect from a client, or any fee, deposit, or invoice that went unpaid, was refunded, or was charged back;
• any funds held, reserved, reversed, delayed, withheld, misdirected, or lost by Stripe or any other payment provider;
• the content, legality, sufficiency, enforceability, execution, or outcome of any form, template, contract, consent, waiver, or document;
• any AI output, including output you did not review or correct, and any decision, record, communication, or bill based on it;
• any failure by you to obtain client consent, provide required notices, or comply with your state's recording, privacy, documentation, or scope-of-practice laws;
• any HIPAA, health-privacy, or data-protection obligation, penalty, fine, investigation, or breach-notification cost;
• any tax position, tax filing, mileage figure, deduction, or Medicaid, insurance, or payer submission or denial;
• the acts or omissions of any user, contractor, collective member, or other person you invite or authorize;
• the acts or omissions of any Third-Party Service or provider; or
• any loss, deletion, corruption, or inaccessibility of data, including following cancellation, suspension, or termination.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE BLOOMANA PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

For purposes of these Terms, the "Bloomana Parties" means Guaico LLC and its predecessors, successors, affiliates, and assigns, and each of their respective members, managers, officers, directors, employees, contractors, agents, advisors, licensors, and service providers.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE BLOOMANA PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, INVESTIGATIONS, AUDITS, ENFORCEMENT ACTIONS, SUBPOENAS, LOSSES, DAMAGES, LIABILITIES, FINES, PENALTIES, JUDGMENTS, SETTLEMENTS, AND COSTS AND EXPENSES OF EVERY KIND (INCLUDING REASONABLE ATTORNEYS' FEES, EXPERT FEES, AND COSTS OF RESPONDING TO REGULATORS OR THIRD-PARTY LEGAL PROCESS) ARISING OUT OF OR RELATING IN ANY WAY TO:

• Your Content and any information you or your users submit, store, transmit, or export;
• your access to or use of the Service, and any use by anyone using your account or acting under your authority;
• the services you provide, your advice, conduct, documentation, scope of practice, licensure, or professional judgment;
• your failure to obtain, document, or honor any required notice, authorization, or consent, including consent to recording, transcription, AI processing, or electronic communications;
• any form, template, contract, consent, waiver, invoice, or other document you create, adopt, send, sign, or rely on;
• any AI output you use, send, save, bill from, or rely on;
• protected health information or other sensitive information you place into the Service, as described in Section 8;
• your use of, connection to, or reliance on any Third-Party Service, including Stripe;
• any dispute between you and a client, a client's family, another user, a practice owner, a contractor, a collective member, a payer, or any other third party;
• your breach or alleged breach of these Terms or of any representation or warranty you make in them; and
• your violation or alleged violation of any law, regulation, professional standard, payer requirement, or third-party right.

We will notify you of any claim for which we seek indemnification and may, at our option and expense, assume exclusive control of the defense and settlement of any such claim, in which case you will cooperate fully. You may not settle any claim in a way that imposes any obligation, admission, or liability on any Bloomana Party without our prior written consent. Your obligations under this Section 17 are independent of, and are not limited by, Section 16.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY DECIDE YOUR CLAIMS, AND TO PARTICIPATE IN A CLASS ACTION.

18.1Informal resolution first

Before starting any arbitration or proceeding, you agree to send a written description of the dispute, including the relief you seek, to hello@bloomana.io and to work with us in good faith to resolve it for 60 days. Completion of this process is a condition precedent to commencing arbitration, and the applicable statute of limitations is tolled during it.

18.2Agreement to arbitrate

Except as stated in Section 18.4, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, our marketing, our data practices, or the relationship between you and Bloomana — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after termination — will be resolved exclusively by final and binding individual arbitration, and not in court. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, if applicable, its Consumer Arbitration Rules) in effect at the time the arbitration is commenced, as modified by these Terms. The rules are available at https://www.adr.org. There will be one arbitrator.

18.3Seat and venue — Mecklenburg County, North Carolina

THE SEAT, SITUS, AND EXCLUSIVE VENUE OF ANY ARBITRATION UNDER THESE TERMS IS MECKLENBURG COUNTY, NORTH CAROLINA, WHERE BLOOMANA IS LOCATED. ANY IN-PERSON HEARING WILL TAKE PLACE IN MECKLENBURG COUNTY, NORTH CAROLINA, UNLESS WE AGREE OTHERWISE IN WRITING. THE ARBITRATOR MAY, WHERE THE APPLICABLE RULES PERMIT AND THE PARTIES AGREE, CONDUCT PROCEEDINGS BY VIDEO, TELEPHONE, OR DOCUMENT SUBMISSION, BUT THE SEAT OF THE ARBITRATION REMAINS MECKLENBURG COUNTY, NORTH CAROLINA.

Any judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve all threshold issues of arbitrability, including the formation, scope, interpretation, applicability, and enforceability of this Section 18, except that a court has exclusive authority to decide the enforceability of the class-action waiver in Section 18.5.

18.4Exceptions

Either party may (a) bring an individual claim in small-claims court if it qualifies and remains there, and (b) seek temporary or permanent injunctive or other equitable relief in the state or federal courts located in Mecklenburg County, North Carolina, for actual or threatened infringement or misappropriation of intellectual property, unauthorized access to the Service, or breach of confidentiality. Each party consents to the personal jurisdiction and exclusive venue of those courts for that purpose and for any matter not subject to arbitration, and waives any objection based on inconvenient forum.

18.5Class-action and jury-trial waiver

YOU AND BLOOMANA EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO BRING, JOIN, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING IT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON THAT PARTY'S INDIVIDUAL CLAIM.

If the class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and proceed in the state or federal courts located in Mecklenburg County, North Carolina, and the remainder of this Section 18 will continue to apply to all other claims.

18.6Governing law and time limit

These Terms and any dispute arising from them or the Service are governed by the laws of the State of North Carolina, without regard to its conflict-of-law rules, and, where applicable, by the Federal Arbitration Act. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER IT ACCRUES, OR IT IS PERMANENTLY BARRED.

18.7Changes

If we materially change this Section 18 after you accept these Terms, you may reject the change as to unfiled claims by emailing hello@bloomana.io within 30 days of the change, in which case the most recent version you accepted will apply.

19.1Assumption of risk

YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK ARISING FROM OR RELATING TO YOUR ACCESS TO AND USE OF THE SERVICE AND EVERYTHING IN IT, INCLUDING WITHOUT LIMITATION ALL RISK RELATING TO: DATA LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS; SERVICE INTERRUPTION OR DISCONTINUATION; THE ACCURACY, LEGALITY, OR SUFFICIENCY OF ANY FORM, TEMPLATE, CONTRACT, OR DOCUMENT; ANY AI OUTPUT; ANY PAYMENT, PAYOUT, INVOICE, TAX, OR MILEAGE FIGURE; ANY THIRD-PARTY SERVICE; AND ANY HEALTH, PRIVACY, PROFESSIONAL, LICENSING, OR REGULATORY CONSEQUENCE OF YOUR USE.

19.2General release

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF, YOUR PRACTICE, YOUR USERS, AND YOUR HEIRS, EXECUTORS, SUCCESSORS, AND ASSIGNS, HEREBY FULLY AND FOREVER RELEASE, ACQUIT, WAIVE, AND DISCHARGE THE BLOOMANA PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, LOSSES, DAMAGES, COSTS, PENALTIES, FINES, AND EXPENSES OF EVERY KIND AND NATURE — KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, FORESEEN OR UNFORESEEN, IN LAW OR IN EQUITY — ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY CONTENT, FORM, TEMPLATE, DOCUMENT, OR AI OUTPUT, ANY THIRD-PARTY SERVICE, ANY PAYMENT OR PAYOUT, ANY DATA LOSS OR SECURITY INCIDENT, OR ANY DISPUTE BETWEEN YOU AND ANY CLIENT, USER, PRACTICE, PAYER, OR OTHER THIRD PARTY.

IF YOU ARE A RESIDENT OF, OR YOUR CLAIM IS GOVERNED BY THE LAW OF, A JURISDICTION WITH A STATUTE LIMITING GENERAL RELEASES OF UNKNOWN CLAIMS — INCLUDING CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTION AND THAT, IF KNOWN, WOULD HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE RELEASED PARTY — YOU EXPRESSLY WAIVE THE BENEFIT OF THAT STATUTE AND ANY SIMILAR LAW OF ANY JURISDICTION, AND YOU DO SO WITH FULL UNDERSTANDING OF ITS SIGNIFICANCE.

19.3Scope

This release applies to the maximum extent permitted by law and does not release any liability that applicable law does not permit to be released, including, where applicable, liability for gross negligence, willful misconduct, or fraud. If any part of this release is found unenforceable, it will be limited or severed under Section 21 and the remainder will continue in full force. This Section 19 survives termination.

We may update these Terms. For material changes, we will provide notice by email to the address associated with your account or through the Service at least 30 days before the change takes effect, unless a shorter period is required by law or is reasonably necessary for security, legal compliance, or a change by a Third-Party Service. Non-material changes are effective when posted, and we will update the "Last updated" date.

Your continued use of the Service on or after the effective date constitutes acceptance of the updated Terms. If you do not accept them, you must stop using the Service and cancel before the change takes effect. The current version is always available at https://bloomana.io/terms.

IF ANY PROVISION OF THESE TERMS IS HELD INVALID, ILLEGAL, VOID, OR UNENFORCEABLE BY A COURT OR ARBITRATOR OF COMPETENT JURISDICTION, THAT PROVISION WILL BE MODIFIED AND NARROWED TO THE MINIMUM EXTENT NECESSARY TO MAKE IT VALID AND ENFORCEABLE WHILE PRESERVING ITS INTENT AND ECONOMIC EFFECT TO THE GREATEST DEGREE PERMITTED BY LAW. IF IT CANNOT BE SO MODIFIED, IT WILL BE SEVERED AND DEEMED DELETED, AND ALL REMAINING PROVISIONS OF THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION IN ANY JURISDICTION WILL NOT AFFECT ITS VALIDITY OR ENFORCEABILITY IN ANY OTHER JURISDICTION, AND WILL NOT AFFECT ANY OTHER PROVISION, INCLUDING THE DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY, RELEASE, AND ARBITRATION PROVISIONS, EACH OF WHICH IS INTENDED TO BE INDEPENDENTLY ENFORCEABLE.

Our failure or delay in enforcing any provision is not a waiver of it or of any other provision, and no waiver is effective unless in a writing signed by an authorized officer of Guaico LLC. Section headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." These Terms will not be construed against the drafting party.

Notices to you. We may give notice to you by (a) email to the address associated with your account, (b) a message, banner, or notification within the Service, or (c) posting on bloomana.io. Notice is deemed given and received on the date sent or posted, whether or not you actually open or read it. You are responsible for keeping a current, monitored email address on file, and a notice is effective even if the address on file is out of date, full, blocked, filtered, or undeliverable.

Notices to us. All notices to Bloomana, including any dispute notice under Section 18.1, must be in writing and sent to:

Notice to us is effective only upon our actual receipt. A message sent through a support chat, social-media channel, comment, review, or any means other than the address above does not constitute legal notice.

Consent to electronic communications. You consent to receive all agreements, notices, disclosures, and other communications from us electronically, and you agree that they satisfy any legal requirement that such communications be in writing.

These Terms, together with our Privacy Policy and any order form, plan page, or supplemental terms presented at purchase, are the entire agreement between you and Guaico LLC regarding the Service and supersede all prior or contemporaneous proposals, demonstrations, marketing statements, representations, understandings, and agreements, whether oral or written. Any purchase order or vendor terms you issue are void and of no effect.

You may not assign or transfer these Terms or any right under them, by operation of law or otherwise, without our prior written consent; any attempt to do so is void. We may assign these Terms freely, including to an affiliate or in connection with a merger, financing, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, employment, or franchise relationship. These Terms create no third-party beneficiary rights, except that the Bloomana Parties are intended beneficiaries of Sections 8, 13, 15, 16, 17, and 19 and may enforce them.

Neither party is liable for any delay or failure to perform (other than payment obligations) due to any cause beyond its reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, civil unrest, labor action, utility or internet failure, cyberattack, or the act, omission, outage, or discontinuation of any Third-Party Service or governmental authority.

The Service is controlled and operated from the United States and is intended for use only in the United States. You are responsible for compliance with all applicable export-control, sanctions, and local laws if you access it from elsewhere.

Bloomana Terms of Service — Effective August 3, 2026. Guaico LLC, Charlotte, North Carolina.

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