Terms of Service

BloomeryVideo.com

Effective Date: January 1, 2025

1. Acceptance of Terms

Welcome to BloomeryVideo.com (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of our personalized video marketing platform and related services (collectively, the “Service”). By accessing or using our Service, you agree to be bound by these Terms.

If you disagree with any part of these Terms, then you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

BloomeryVideo is a Software-as-a-Service (SaaS) platform that enables business owners to create personalized videos with interactive call-to-action buttons. Our Service includes:

Personalized video creation and hosting in 9:16 mobile-optimized format
Interactive call-to-action buttons (calling, scheduling, email collection, URL redirects, video responses, product demos, Q&A, lead magnets)
QR code generation for business cards, printed materials, and marketing signage
Link in Bio functionality for social media platforms
Google Business Profile review management tools
Analytics and performance tracking
Custom domain integration (CNAME)
Mobile-first responsive design

3. User Accounts and Registration

3.1 Account Creation

To use our Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss you may incur as a result of someone else using your password or account.

3.3 Account Accuracy

You must provide accurate and complete information during registration and keep your account information updated. We reserve the right to suspend or terminate accounts with incomplete or inaccurate information.

4. Subscription and Payment Terms

4.1 Subscription Plans

Our Service is offered on a monthly subscription basis at $24.99 per month. We offer a 14-day free trial period for new users, which requires a valid credit card for registration.

4.2 Payment Processing

Payments are processed automatically on a monthly basis. You authorize us to charge your payment method for all fees incurred. If payment fails, we may suspend or terminate your access to the Service.

4.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of your current billing cycle. We do not provide refunds for partial months of service, except as required by law.

4.4 Price Changes

We reserve the right to modify our subscription fees with at least 30 days’ notice. Price changes will take effect at the start of your next billing cycle after the notice period.

5. Use of Service

5.1 Permitted Use

You may use our Service for lawful business purposes to create personalized videos for marketing, customer engagement, and business communication. You agree to use the Service in compliance with all applicable laws and regulations.

5.2 Service Limitations

While we offer unlimited video creation, we reserve the right to implement reasonable usage policies to ensure fair access for all users. Excessive use that impacts service performance may result in account limitations.

5.3 Technical Requirements

You are responsible for ensuring your device and internet connection meet the technical requirements for using our Service. We are not responsible for performance issues related to your technical setup.

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of all content you create, upload, or share through our Service (“User Content”). By using our Service, you grant us a non-exclusive, worldwide, royalty-free license to host, store, and display your User Content solely for the purpose of providing our Service.

6.2 Content Responsibility

You are solely responsible for your User Content and warrant that you have all necessary rights to use and share such content. You agree that your User Content will not violate any third-party rights or applicable laws.

6.3 Our Intellectual Property

The Service, including its original content, features, and functionality, is owned by BloomeryVideo and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.4 Content Moderation

We reserve the right to review, monitor, and remove User Content that violates these Terms or applicable laws. We are not obligated to monitor User Content but may do so at our discretion.

7. Privacy and Data Protection

7.1 Data Collection

We collect and process personal information as described in our Privacy Policy. By using our Service, you consent to the collection and processing of your information in accordance with our Privacy Policy.

7.2 Data Security

We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction.

7.3 Analytics and Tracking

Our Service includes analytics features that track video performance, user engagement, and other metrics. This data is used to improve our Service and provide you with insights about your content performance.

8. Prohibited Uses

You agree not to use the Service for any of the following prohibited activities:

Uploading, sharing, or distributing content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
Violating any applicable laws or regulations
Infringing on the intellectual property rights of others
Transmitting spam, unsolicited communications, or malicious software
Attempting to gain unauthorized access to our systems or other users’ accounts
Using the Service to collect personal information about other users without consent
Reverse engineering, decompiling, or otherwise attempting to extract source code from our Service
Using the Service in a manner that could damage, disable, or impair our systems
Creating false or misleading content intended to deceive viewers
Using the Service for any fraudulent or deceptive business practices

9. Termination

9.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us directly.

9.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or engage in prohibited activities. We may also terminate accounts for non-payment of fees.

9.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may delete your User Content and account information, though we may retain certain information as required by law or for legitimate business purposes.

10. Disclaimers and Limitation of Liability

10.1 Service Disclaimers

Our Service is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

10.2 Limitation of Liability

To the fullest extent permitted by law, BloomeryVideo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of your use of the Service.

10.3 Damage Cap

Our total liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the amount you have paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless BloomeryVideo, its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorney fees) arising out of or related to:

Your use of the Service
Your User Content
Your violation of these Terms
Your violation of any rights of another party

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

12.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the “Effective Date” at the top of this document.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

14. Miscellaneous

14.1 Entire Agreement

These Terms constitute the entire agreement between you and BloomeryVideo regarding the use of the Service and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15. Contact Information

If you have any questions about these Terms of Service, please contact us at:

BloomeryVideo.com

Email: info@bloomeryvideo.com

Website: www.bloomeryvideo.com

Phone: 1 (713)730-9965

Last updated: January 1, 2025