Effective Date: January 01, 2024

GENERAL

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING getvideobloom.com AND USING OUR SERVICES AVAILABLE ON getvideobloom.com OR PROVIDED BY getvideobloom.com, YOU ACCEPT AND AGREE TO THEM. PLEASE ALSO READ OUR PRIVACY POLICY TO LEARN HOW WE COLLECT AND USE INFORMATION.

These Terms of Service (these “Terms”) explain the relationship between Videobloom (“we” or “us”) and you when you (i) access and use getvideobloom.com and/or (ii) download, install, use and in some cases purchase Videobloom proprietary software applications (including all related documentation, updates and upgrades) and any other services offered through the Site (the Videobloom Services”).

These Terms govern visitors' access to and use of the public & private areas of the Site, as well as access to and use of the Videobloom Services. Unless otherwise indicated, Videobloom Services” as used throughout these Terms includes the public & private areas and the Videobloom Services. For the purposes of these Terms, “you” or “your” refers to you as a visitor to or registered user of the Videobloom Services.

THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY, FORM AN AGREEMENT BETWEEN YOU AND Videobloom. BY USING THE Videobloom SERVICES, YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE Videobloom SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND Videobloom AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.

1. LICENSE GRANT

The Videobloom Services are owned by Pricekit Limited and are licensed, not sold, to you. We grant to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Site and to access, download, install and use the Videobloom Services subject to the limitations set forth in these Terms, any relevant purchase order or ordering document related to the Videobloom Services (“Order Form”) and any and all other terms and policies set forth in the Videobloom Services. You acknowledge that the source code for the Videobloom Services and other trade secrets embodied in the Videobloom Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by Videobloom.

2. USE OF SERVICES

2.1 Registration: Unless you are visiting only the public areas of the Site, you are required to register and create an account to use the Videobloom Services (“Account”). You agree that you will maintain and update your registration and account information to ensure it is current, complete and accurate and that we have the right to terminate your Account and use of the Videobloom Service if you provide untrue, incomplete or inaccurate information.

2.2 Your Responsibilities: You are responsible for providing the equipment and services that you need to access, download, install and use the Videobloom Services. Videobloom does not guarantee that the Videobloom Services are accessible on any particular equipment or device or with any particular software or service plan.

You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account with any other person.

You will use the Videobloom Services only for your internal business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the Videobloom Services. You agree that you will not use the Videobloom Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. You agree that you will not use the Videobloom Services if you are under the age of majority in your place of residence or otherwise not fully able and competent to agree to these Terms.

By using Videobloom Services in any capacity, you agree that you will not participate in, encourage (or authorize any third party) to upload or input any information that could be seen as inflammatory or abusive. You also agree that you won't use Videobloom Services for fraudulent or inappropriate purposes (which will be determined at our discretion). You agree that you will not participate in (or encourage third parties) to decipher or reverse engineer any technology used for competitive purposes.

If you use the Videobloom Services on your mobile device, you are solely responsible for all message and data fees charged by your wireless service provider. Please contact your mobile service provider for pricing plans and details. Videobloom is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider.

Except as specifically permitted in these Terms or expressly authorized in writing by Videobloom, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the Videobloom Services; (b) use any of the Videobloom Services in any service bureau arrangement; (c) reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the Videobloom Services; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c).

You are not permitted to: (w) remove or alter any copyright or other proprietary rights' notice or restrictive rights legend contained or included in any of the Videobloom Services; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the Videobloom Services; (y) use any means to discover the source code of the Videobloom Services or to discover the trade secrets in the Videobloom Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Videobloom Services.

You are responsible for complying with all laws, rules and regulations (including those relating to internet, data and email privacy) that apply to your use of the Videobloom Services.

2.3 Our Responsibilities: Videobloom is a video greetings messaging service for florist businesses.

Videobloom cannot be held responsible for the video content uploaded by its users.

Videobloom provides a web interface to record, upload and edit short video greetings. The video message is saved on Videobloom's servers for up to three months after its creation. The video greetings are available to view by anyone who has the video url or the QR code. The QR codes can be easily scanned by any mobile device. The Customer is solely responsible for the videos uploaded to Videobloom, and for deciding when you would like to delete them. You are responsible for all information, feedback, suggestions, text, content, credentials and other materials that you share, upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Videobloom Service (“Your Content” as defined in Section 3 below).

We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the Videobloom Services. Vulnerability issues can be reported to vulnerability@getvideobloom.com

Videobloom reserves the right but is not obligated to improve, enhance or modify the Videobloom Services. We will notify you in advance of changes to the Videobloom Services that may significantly adversely affect the manner in which you use the Videobloom Services or the manner in which the Videobloom Services perform.

Videobloom is not responsible for the actions or content of third party services or for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys' fees (“Claims”) arising from the uploaded video greetings. YOU ACCESS OTHER SERVICES ENTIRELY AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OTHER SERVICES.

2.4 Availability: We use commercially reasonable efforts to make the Videobloom Services available to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, unscheduled downtime and/or any cause beyond our reasonable control (including without limitation nature disasters, wars, terrorist act, civil disturbances, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers' failures or delays and systemic electrical, telecommunications or other utility outages or failures).

2.5 Limitations Videobloom Services are subject to other limitations as documented in the pricing table

5. PAID Videobloom SERVICE

Videobloom offers Videobloom Services for a fee (“Paid Videobloom Service”). The Paid Videobloom Service is provided to you for a monthly fee at the then-current rates as described in the proposal document you have received (Pricing section”). Videobloom reserves the right to change the Fee Schedule upon thirty (30) days advance notice to paying customers.

Videobloom does not store, process or transmit any of your credit card data but relies entirely on Stripe, Inc. to handle these functions. Payments due for the Paid Videobloom Services are subject to the terms of the online order process at https://stripe.com/terms. If you do not agree to Stripe's terms, then please do not sign up for the Paid Videobloom Service.

Your Paid Videobloom Service will not be activated until your first payment is received. Payments are due in accordance with the Fee Schedule every thirty (30) days in advance. Monthly fees are automatically charged to the credit card that you provided when you registered for the Paid Videobloom Service. To cancel the Paid Videobloom Service, simply got to your settings / billing and cancel there. Cancellation are requested immediately, but your credit card provider may require several days to process your cancellation request. We are not responsible for delays caused by your credit card company.

After cancelling your Paid Videobloom Service, you will not be further billed. You will continue having access to the service for the remainder of the prepaid 30 days. We do not provide refunds for already accrued services.

If payment in full of any amount owed to Videobloom under these Terms is not received by Videobloom within 15 days, Videobloom will terminate your account and delete all your data without notice.

6. WARRANTIES

We warrant that we have validly entered into these Terms and have the legal power to do so. You warrant that (i) you have validly entered into these Terms and have the legal power to do so and (ii) you have all necessary rights, licenses, consents and permissions to use Your Content with the Videobloom Services.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, YOU ACKNOWLEDGE THAT THE Videobloom SERVICES ARE SUPPLIED TO YOU ON AN “AS IS” BASIS AND THAT USE OF THE Videobloom SERVICES IS AT YOUR SOLE RISK. Videobloom HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE Videobloom SERVICES AND THE USE, PERFORMANCE, OPERATION AND SUPPORT THEREOF, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. Videobloom DOES NOT WARRANT THAT (A) THE Videobloom SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE Videobloom SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE Videobloom SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATIONS OR ANY PARTICULAR SYSTEMS OR DEVICES, (D) DEFECTS IN THE Videobloom SERVICES WILL BE CORRECTED OR (E) THAT THE Videobloom SERVICES WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES. ANY ORAL OR WRITTEN ADVICE PROVIDED BY Videobloom OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

Videobloom'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THE DELIVERY, USE OR PERFORMANCE OF THE Videobloom SERVICES OR THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) WILL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT; PROVIDED THAT IN NO EVENT SHALL Videobloom'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE FOREGOING LIMITATION WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS.

IN NO EVENT WILL Videobloom BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE Videobloom SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF Videobloom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

7. OWNERSHIP

The Videobloom Services, including the “look and feel” (e.g., text, graphics, images, logos), content and other material are automatically protected by copyright, irrespective of whether copyright is asserted or not. You acknowledge and agree that Videobloom owns all right, title and interest in and to the Videobloom Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Videobloom copyrights, patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms. Any and all (a) suggestions for correction, change and modification to the Videobloom Services, evaluation data, evaluations and other feedback (including but not limited to quotations of written or oral feedback, information and reports provided to Videobloom by you (collectively, “Feedback”)), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Videobloom or otherwise relating to the Videobloom Services (collectively, “Revisions”), are and will remain the property of Videobloom. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Videobloom Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Videobloom and Videobloom may use and disclose Feedback and Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Videobloom any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. Upon request by Videobloom, you will execute any document, registration or filing required to give effect to the foregoing assignment.

8. INDEMNIFICATION

You agree to indemnify and defend Videobloom and its affiliates, directors, officers, employees and agents from and against all Claims brought against Videobloom by any third party arising from your use of the Videobloom Services or any violation of these Terms, the rights of a third party or applicable law. Your indemnification obligations set forth in this Section 8 apply to any applicable actions taken under your Account. Videobloom reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Videobloom may be made without Videobloom's prior written approval.

9. MODIFICATIONS TO TERMS

We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Videobloom Services after the “Last Revised” date at the top of this page. Your continued access or use of the Videobloom Services after the modifications become effective is deemed your conclusive acceptance of the modified Terms.

10. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SERVICE

You may terminate your account at any time by contacting customer service at support@getvideobloom.com. In addition, Videobloom may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.

These Terms will automatically terminate when you fail to comply with any term or condition of these Terms. Upon termination, you will cease all use of the Videobloom Services and will destroy any copy (full or partial) of any and all parts of the Videobloom Services in your possession or control. Termination will not limit any of Videobloom's other rights or remedies at law or in equity. This Section 11 along with Sections 6, 7 and 8 will survive any termination or expiration of these Terms.

11. EXPORT LAWS

You agree that you will not export or re-export, directly or indirectly, the Videobloom Services and/or other information or materials provided by Videobloom hereunder, to any country for which Switzerland or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense, with all applicable Swiss export laws and regulations.

12. TAXES

You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the Videobloom Services by any authority.

13. REMEDIES

You agree that a breach or a threatened breach of these Terms will cause injury to Videobloom for which money damages will not provide an adequate remedy and Videobloom will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

14. MISCELLANEOUS

These Terms may not be modified except by a writing executed by the duly authorized representatives of Videobloom. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party's successors and assigns. These Terms and the licenses granted hereunder may be assigned by Videobloom but you may not assign them without the prior express written consent of Videobloom. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. If either party fails to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein are for convenience only. These Terms are governed by and construed and enforced in accordance with Swiss law, and is binding upon the parties hereto in Switzerland and worldwide. You and Videobloom agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms and that only Swiss law is applicable. For disputes involving an amount less than $10,000, the parties agree to resolve the dispute through binding arbitration to be held in Zurich, Switzerland. Any claim arising out of these Terms, the Videobloom Services must be brought within one (1) year of the date on which the claim arose. These Terms, together with our Privacy Policy, contain the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

Please direct questions regarding these Terms to support@getvideobloom.com with “Terms of Service” in the subject line.

Videobloom Contact email: support@getvideobloom.com