Terms & Conditions

1. Reading and Accepting These Terms

In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in Schedule 2 (Definitions).

By clicking "I accept these Terms", creating an Account, paying for your Subscription, or otherwise accessing or using the Solution, you agree to be bound by these Terms which form a binding contractual agreement between you (the person or entity acquiring a Subscription) and us.

We may update these Terms at any time by posting the revised version on our Website and, for material changes, notifying you by email or in-app notification. Your continued use of the Solution following such an update constitutes acceptance of the revised Terms.

Where these Terms are accepted by a parent, guardian, or authorised representative on behalf of another individual (including a minor), that person warrants that they have sufficient authority to accept these Terms on that individual's behalf and agrees to indemnify us for any loss or damage suffered by us if these Terms are found to be unenforceable against that individual for any reason.

2. Term

These Terms commence on the date you agree to be bound by them as set out in clause 1 and continue for any Trial Period, Subscription Period and Renewal Periods applicable, unless terminated earlier in accordance with clause 12.

3. Duration of Your Subscription

(Automatic renewal) Subject to clause 3(b), upon expiration of the Subscription Period, paid Subscriptions will automatically renew for successive periods equal to the original Subscription Period ('Renewal Period'), unless cancelled in accordance with clause 12.

(Cancellation to prevent renewal) Either party may prevent automatic renewal by providing written cancellation notice at least 30 days prior to the end of the current Subscription Period or Renewal Period ('Renewal Date').

(Renewal notice) At least 30 days prior to each Renewal Date, we will provide you with advance written notice of the upcoming renewal and any changes to Subscription Fees or these Terms ('Renewal Notice').

4. The Solution

This section applies to Space Owners. End Users should refer to Schedule 1: End User Terms.

4.1 Scope of Your Subscription

We will provide you, to the extent described in your Subscription, the Software and the Documentation ('Solution').

Your Subscription includes the benefits and limitations as set out on our Website, in any Order Form, or as otherwise communicated to you when you subscribe (and as may be amended from time to time by notice to you).

4.2 Space Owner Accounts

(Accounts) To create a Teaching Space, you must create an account through the Website ('Account'). You must be at least 18 years of age to create a Space Owner Account, or have authorisation from your Institution.

(Provide Information) As part of Account registration, you will be required to provide certain information, including your email address, name, and role. Additional information may be required depending on your Subscription type, such as organisation details and payment information.

(Warranty) You warrant that any information you provide is accurate, correct and up-to-date.

4.3 Teaching Spaces

Space Owners may create one or more Teaching Spaces within their Account. A Teaching Space is a dedicated environment where the Space Owner can invite End Users and configure settings.

4.4 Accuracy and General Disclaimers

The Software utilises artificial intelligence. While we strive for accuracy, errors may occur. We do not warrant or guarantee the accuracy, completeness, or reliability of any AI-generated content.

Information provided through the Solution is general in nature and does not constitute professional advice. You are responsible for complying with all applicable laws relevant to your use.

4.5 Software Licence

While your Subscription is maintained, we grant to you a non-exclusive, non-transferable licence to use the Software and Documentation for the number of Seats included in your Subscription.

We may release enhancements or new versions from time to time. We may change features of the Solution on reasonable notice to you.

4.6 Invites, Seats and Supervision

(Authority to invite) By inviting End Users to a Teaching Space, the Space Owner represents and warrants that they have the authority to do so, including:

• obtaining any required parental or guardian consent for minors under 13;
• providing any required notices to End Users about data collection and use;
• complying with applicable laws regarding minors' access to online services, including COPPA (US), the Children's Code (UK), and the Privacy Act (Australia).

(Seat allocation) Space Owners control the allocation of Seats, including adding, removing, and reassigning End Users.

(Space Owner responsibilities) Space Owners are responsible for:

• managing Invites and Seat allocations;
• configuring Teaching Space settings, including the Improvement Data Toggle;
• ensuring End Users are aware of and comply with Schedule 1 (End User Terms);
• supervising End User activity to the extent required by applicable policies.

4.7 Support Services

We will provide general support where reasonably necessary to resolve technical issues. We do not guarantee 24/7 availability or specific response times.

5. Space Owner Obligations

5.1 Information and Cooperation

You agree to provide accurate information and reasonable assistance required to provide the Solution.

5.2 User Content

You warrant that all content you provide is accurate and that you have all necessary rights and authorisations. You release us from liability arising from content being incomplete, inaccurate, or infringing third party rights.

5.3 End User Compliance

Space Owners must ensure that all End Users within their Teaching Space comply with Schedule 1 (End User Terms). Space Owners:

• Are responsible for communicating applicable policies to End Users;
• Must notify Bloom of any suspected breaches;
• Indemnify Bloom for any damage arising from End User conduct within their Teaching Space.

5.4 Space Owner Prohibited Conduct

Space Owners must not:

• Copy, modify, reverse engineer, or create derivative works of the Software;
• Sell, sublicense, or transfer the Solution;
• Remove or alter any proprietary notices;
• Exceed the number of Seats in their Subscription;
• Upload harmful, illegal, or inappropriate content;
• Use the Solution for any illegal or fraudulent purpose.

We may suspend or terminate any Account if we reasonably believe a breach has occurred.

6. Fees and Payments

6.1 Free Tier

We may offer a Free Tier with limited features. Free Tier:

• Is subject to these Terms;
• May have usage limits;
• Has Improvement Data Toggle set to ON by default (see Section 7.6);
• May be modified or discontinued on reasonable notice.

6.2 Trial Period

We may offer free trials for paid features. Your first payment is due after the trial expires unless you cancel before that date.

6.3 Institution Billing

For Institutions with an Order Form:

• Order Form governs: Specifies Seats, fees, billing cycle, and term.
• Invoicing: Fees are invoiced annually in advance; payment due within 30 days.
• Renewal: Auto-renews unless either party provides 60 days' written notice.
• Seat adjustments: Additional Seats pro-rated for the remainder of the term.

6.4 Self-Serve Educator Billing

For self-serve educators subscribing through the Website:

• Payment: Processed via Stripe. You agree to Stripe's terms.
• Billing cycle: Monthly or annual (annual at a discount).
• Auto-renewal: Renews automatically unless you cancel.
• Cancellation: Cancel anytime via Account settings; takes effect end of billing period.
• Grace period: Cancel within 7 days of a renewal charge to request a refund.

6.5 Fee Changes

We will provide at least 30 days' notice before fee increases. Changes apply from your next billing period. You may cancel before new fees take effect.

6.6 Taxes

Fees are exclusive of GST (Australia), VAT (UK/EU), sales tax (US), and other applicable taxes. You are responsible for all applicable taxes.

7. Intellectual Property, Data and Training

7.1 Bloom's Intellectual Property

Bloom retains all ownership and intellectual property rights in the Software, Documentation, and all content we provide. Nothing transfers ownership to you.

7.2 Your Content

(Data Objects) In this clause 7, the following terms apply: (a) 'User Inputs' means content you submit to the Solution; (b) 'Institution Materials' means course content, rubrics, assessments, and similar materials provided to the Solution by or on behalf of an Institution Space Owner; (c) 'Outputs' means AI-generated content produced in response to User Inputs; (d) 'Chat Logs' means the combined record of conversations, including User Inputs, Outputs, timestamps, and associated metadata; (e) 'Derived Analytics' means topic, cohort, prompting, and similar analyses computed from Chat Logs; and (f) 'Improvement Corpus' means data used to train, fine-tune, or evaluate Bloom's AI models. 'Your Content' means the User Inputs, Institution Materials, Outputs, and Chat Logs attributable to you.

(Inputs) As between you and Bloom, you retain all right, title, and interest in User Inputs you author.

(Institution Materials) As between the Institution and Bloom, the Institution retains all right, title, and interest in Institution Materials.

(Outputs) Bloom claims no ownership of Outputs. Bloom does not represent or warrant that Outputs are protectible by intellectual property rights under applicable law, and similar Outputs may be generated for other users. Your practical rights to access, export, retain, and rely on Outputs are governed by clause 7.3 (Custody and Control). You are responsible for verifying Outputs and using them appropriately.

(No ownership by reason of payment) Ownership under this clause 7.2 follows authorship. Acquiring a Subscription or paying Fees does not confer ownership of content authored by another person.

(Licence to Bloom) You grant Bloom a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, reproduce, display, and modify Your Content solely to:

• (a) provide the Solution to you, including generating Outputs, operating features, and delivering support;
• (b) comply with legal obligations, enforce these Terms, and investigate suspected breaches or safety concerns; and
• (c) to the extent permitted by the Improvement Data Toggle applicable to the relevant Teaching Space (see clause 7.6), improve the Solution, including training, evaluating, and human review of our AI models.

The licence in paragraph (c) above applies only where the Improvement Data Toggle permits. Nothing in paragraph (a) or (b) authorises the use of Your Content to train our AI models outside the scope set by the Toggle.

(Ownership vs. control) Ownership of Your Content (as set out above) is distinct from decisions about who may access, export, retain, or delete Your Content within the Solution. Where Your Content is generated inside a Teaching Space, those decisions are governed by clause 7.3. You retain your intellectual property rights regardless of any control decisions made under clause 7.3, and you retain the statutory rights described in clause 13.2.

7.3 Custody and Control of Your Content

(Ownership unchanged) Nothing in this clause 7.3 transfers ownership of Your Content. You continue to hold the rights described in clause 7.2.

(Access grant) By creating or joining a Teaching Space, you grant the Space Owner and its authorised administrators a right to access, use, download, export, disclose, share, restrict, and remove Your Content generated within that Teaching Space, including Chat Logs of End Users within that Teaching Space. This is a right of custody and control over the copy of Your Content held within the Solution; it is not an assignment of ownership.

(Custodian) Within a Teaching Space, the Space Owner is the record custodian of End User Chat Logs for educational, pastoral, safeguarding, academic-integrity, and administrative purposes.

(Controller – Institution Subscriptions) Where the Space Owner is an Institution, the Institution is the data controller of Your Content generated within its Teaching Spaces and Bloom is the data processor. Processing is governed by Bloom's Data Processing Agreement, which prevails over these Terms to the extent of any inconsistency in respect of the processing of Personal Data.

(Controller – Self-Serve Subscriptions) Where the Space Owner is an individual educator subscribing through the Website, the Space Owner holds equivalent controller responsibilities in respect of their Teaching Spaces, and Bloom processes Your Content on their behalf.

(Purposes) Your Content may be accessed, processed, or used only for the following purposes: (a) service delivery, including generating Outputs, operating Solution features, and providing support; (b) educational operations, including teaching, safeguarding, academic integrity, and pastoral actions by authorised Space Owner personnel; (c) institutional analytics provided to the Space Owner for their operation of the Teaching Space; (d) Bloom service quality assurance, including diagnostics, safety review, incident response, and quality evaluation of AI responses; and (e) general model improvement, only where permitted under clause 7.6 (Improvement Data Toggle).

(Effect on End Users) If you do not want the Space Owner to have custody and control of content you generate, do not generate that content inside the Space Owner's Teaching Space. Your statutory rights of access, correction, and deletion are preserved and are addressed in clause 13.2.

(Guest Chat – content governance) Guest Chat takes place within a specific Bloom made available by a Space Owner. Custody and control of Guest Chat content follow the parent Teaching Space's scenario under this clause 7.3: where the parent Space is operated by an Institution, the Institution is the controller; where the parent Space is Self-Serve, the Space Owner holds custodian and controller responsibilities for content.

(Guest Chat – operational data) Bloom acts as controller for operational session data in Guest Chat, including authentication tokens, IP address, device metadata, and abuse-prevention signals, which Bloom processes for service delivery, security, and abuse prevention.

7.4 Derived Analytics

(Per-Institution Analytics) Bloom may compute and provide to a Space Owner aggregated or derived analytics about activity in their Teaching Space (for example, topic frequency, prompting patterns, and adoption metrics). These analytics are generated from that Space's content only and are used for that Space Owner's operation of the Teaching Space.

(Cross-Customer and Bloom-Internal Analytics) Bloom may also produce and use analytics across customers (including for product research, safety analysis, and marketing metrics) only where the data has been irreversibly transformed such that it no longer identifies any Space Owner, End User, or other individual. Deidentification alone is not sufficient; suitable transformations include aggregate statistical summaries, synthesis, or equivalent techniques.

(Relationship to the Toggle) Analytics produced under this clause 7.4 may be used regardless of the Improvement Data Toggle. Training of AI models on Chat Logs or User Inputs is addressed separately under clause 7.6.

7.5 Infringement

You warrant that your User Inputs do not infringe third party rights. You agree to indemnify Bloom for any claims arising from your User Inputs.

7.6 Improvement Data Toggle

(Space Owner control) Space Owners can control whether Teaching Space data may be used to improve and train Bloom's AI models through a setting (the 'Improvement Data Toggle').

(Defaults)

• Free Tier: Toggle is ON by default. Space Owners may turn it OFF anytime.
• Paid Tiers: Toggle is OFF by default. Space Owners may turn it ON if they wish.
• Teaching Spaces attested as containing End Users under 13: Toggle is permanently OFF and cannot be enabled (see Under-13 paragraph below).

(What "training" means) When ON, Bloom may use conversation data to:

• Train and fine-tune Bloom's AI models;
• Evaluate and test model performance;
• Conduct human review for quality and safety.

(When changes take effect) Changes apply prospectively. Data collected while the Toggle was ON may continue to be used. Data collected after turning the Toggle OFF will not be used for training.

(Under-13 Teaching Spaces) Where a Space Owner has configured a Teaching Space to indicate that it may include End Users under 13 years of age, or where applicable law (such as COPPA in the United States) otherwise requires, Bloom will not use Chat Logs from that Teaching Space to train, fine-tune, or build AI or machine learning models for general, commercial, or non-educational purposes, regardless of the Improvement Data Toggle. The Improvement Data Toggle is forced OFF for such Teaching Spaces and cannot be turned ON while the under-13 attestation is in effect. Chat Logs from such Teaching Spaces may still be processed to provide the Services, to respond to safety concerns, legal process, and security incidents, to perform quality review and evaluation of AI responses, and to contribute to irreversibly anonymised aggregated usage metrics. Bloom relies on the Space Owner's representations under clause 4.6 and Teaching Space configuration to identify affected Teaching Spaces.

(Guest Chat) Guest Chat takes place within a specific Bloom made available by a Space Owner. The Improvement Data Toggle setting applied to the parent Teaching Space governs whether Guest Chat content may be used for training under this clause 7.6.

7.7 Bloom Internal Access

(Limited staff access) Authorised Bloom personnel may access Your Content only for the following purposes:

• (a) providing technical support and diagnosing issues reported by you or on your behalf;
• (b) investigating safety concerns, suspected breaches of these Terms, or suspected unlawful conduct;
• (c) responding to valid legal process (including subpoenas, court orders, and lawful regulatory requests);
• (d) detecting, investigating, and responding to security incidents;
• (e) quality review of AI responses for safety, accuracy, and product reliability; and
• (f) where the Improvement Data Toggle is ON for the relevant Teaching Space, training and evaluating our AI models.

(Access controls) Access to Your Content by Bloom personnel is restricted to authorised personnel, subject to role-based access controls, internal confidentiality obligations, and audit logging. Exports of Chat Logs for operational purposes are recorded with actor identity, scope, and timestamp.

(Not browsing) Bloom personnel do not browse, read, or monitor Chat Logs outside the purposes listed in paragraphs (a) to (f) above.

8. Third Party Software & Terms

The Solution may integrate with third party services. We are not liable for the functionality, availability, or security of any third party services.

Bloom uses third party AI service providers. By using Bloom, you consent to necessary data transmission to these providers.

9. Confidentiality

Each party must keep confidential any non-public information disclosed by the other party that is designated as confidential or should reasonably be understood to be confidential.

Each party must promptly notify the other of any suspected breach and cooperate in investigating such breaches.

10. Privacy

We collect and process personal information as described in our Privacy Policy.

Space Owners are responsible for ensuring End Users are aware of and consent to data collection and processing.

11. Liability

11.1 Warranties

We warrant that the Solution will be provided substantially as described and that, to our knowledge, use in accordance with these Terms will not infringe third party IP rights.

To the maximum extent permitted by law, all other warranties are excluded.

11.2 Limitation of Liability - Space Owners

Our total liability to Space Owners is limited to the fees paid in the 12 months preceding the claim.

11.3 Limitation of Liability - End Users

See Schedule 1, Section 6. Our total liability to End Users is limited to $100 AUD in aggregate.

11.4 Exclusion of Consequential Loss

Neither party is liable for indirect, incidental, special, or consequential loss, except for fraud, wilful misconduct, gross negligence, personal injury, or to the extent liability cannot be excluded by law.

11.5 Consumer Law Protections

Nothing limits rights under applicable consumer protection laws that cannot be excluded, including the Australian Consumer Law, Consumer Rights Act 2015 (UK), or US state consumer protection statutes.

11.6 Space Owner Indemnity

Space Owners indemnify Bloom from claims arising from: breach of Terms; End User conduct; failure to obtain required consents; or use in violation of law.

12. Cancellation

12.1 Cancellation by Us

We may suspend or terminate access immediately for breach, non-payment, insolvency, or if required by law. If we terminate without cause, we provide a pro-rata refund.

12.2 Cancellation by Space Owner

Self-serve educators may cancel via Account settings; takes effect end of billing period. Institutions may cancel per their Order Form or with 60 days' notice.

12.3 Termination of End User Access

See Schedule 1, Section 7. End User access terminates when removed from a Teaching Space, when the Space Owner's Subscription terminates, or for breach.

12.4 Effect of Termination

Upon termination, licences terminate, you must cease use, and we may delete data per Section 13. Sections 7, 9, 11, and 17 survive termination.

13. Data Retention and Deletion

13.1 Retention

(During Subscription) We retain User Data while your Subscription is active.

(After termination)

• We retain User Data for 30 days to allow data export or reactivation.
• After 30 days, we delete from active systems; backups may persist up to 90 days.
• Aggregated and de-identified data may be retained indefinitely.

(Space Owner export) Space Owners may request export of Your Content within their Teaching Spaces before termination by contacting support.

13.2 Data Subject Rights (Access, Correction, Deletion)

Nothing in these Terms limits your rights under applicable data protection laws (including the Australian Privacy Principles, the EU GDPR, and the UK GDPR) to request access to, correction of, or deletion of your Personal Data. How those requests are handled depends on who the data controller is.

(Institution Teaching Spaces) Where your Chat Logs or other Personal Data are generated within an Institution's Teaching Space, the Institution is the data controller (see clause 7.3). You should direct access, correction, and deletion requests relating to that data to the Institution in the first instance. If you contact Bloom directly, we will acknowledge your request and, subject to identity verification, liaise with the Institution to action it in accordance with our Data Processing Agreement. The Institution's custodial rights under clause 7.3 may in some cases limit or delay the scope of what can be released or erased (for example, where records are required for safeguarding or academic integrity), but do not override your statutory rights.

(Self-Serve Teaching Spaces and account data) For Teaching Spaces operated by a self-serve educator, and for Personal Data held in your own Account outside any Teaching Space, you may request access, correction, or deletion directly from Bloom by contacting privacy@bloom.study, subject to identity verification.

(Guest Chat) Guest users may request access or deletion of their Guest Chat conversations at privacy@bloom.study.

(Legal retention) We may retain data where required by law, to enforce these Terms, or to resolve disputes.

14. Dispute Resolution

A party must not commence legal proceedings (except urgent injunctive relief) without first giving written notice and allowing 14 days for resolution.

15. Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control (natural disasters, war, pandemics, government actions, etc.). The affected party must notify the other promptly.

16. Notices

Notices must be in writing. Notices to you via your Account email. Notices to us at legal@bloom.study. Deemed received 24 hours after sending by email.

17. General

17.1 Governing Law

(Space Owners) Governed by NSW, Australia law; exclusive jurisdiction of NSW courts.

(End Users) See Schedule 1, Section 8. Nothing affects mandatory consumer protection rights. Consumer End Users may bring proceedings in their country of residence.

17.2 Waiver

No waiver is effective unless in writing and signed.

17.3 Severability

Invalid provisions are severed; remaining provisions continue in force.

17.4 Assignment

You may not assign without consent. We may assign to affiliates or in connection with a sale.

17.5 Entire Agreement

These Terms, Order Forms, and Privacy Policy constitute the entire agreement.