Terms of Service
Last updated October 30, 2026
1. AGREEMENT
(A) Please read these Terms of Service (“Terms of Service” or “Terms”) carefully before accessing the Bloom Growth Platform (“Platform”) or using the services available thereon (“Services”) operated by Winter International LLC, dba Bloom Growth (“Winter International,” “Bloom,” “we,” “us,” or “our”).
(B) Any party accessing the Platform and/or using the Services (“Customer,” “You,” or “Your”) is subject to compliance with these Terms. By accessing the Platform, purchasing a subscription, or using the Services, Customer (and anyone representing Customer) agrees to be bound by these Terms. If any Customer (or their representative) disagrees with any part of these Terms, then that party may neither access the Platform nor use the Services.
2. DEFINITIONS
(A) “Coaching Services” means organizational, leadership, or business coaching delivered by independent third-party contractors engaged by Bloom.
(B) “Community Content” means discussions, posts, media, or comments uploaded or submitted by users within the Membership Community.
(C) “Compliance Policies” means Bloom’s security, privacy, data protection, and legal compliance standards located and updated at https://compliance.bloomgrowth.com/compliance-documents/
(D) “Deliverables” means outputs, documents, reports, or work product produced specifically for Customer by Bloom in connection with purchased Services.
(E) “Feedback” means Customer’s comments, ideas, suggestions, or proposals provided to Bloom.
(F) “Intellectual Property Rights” means all intellectual property rights, including patents, copyrights, trademarks, and trade secrets.
(G) “Membership Community” means the interactive online forum, groups, and content hubs operated and curated by Bloom.
(H) “Platform” means the proprietary Bloom software available via https://app.bloomgrowth.com or any variation of https://*.bloomgrowth.com.
(I) “Services” means (a) access to and use of the Platform; (b) Coaching Services; (c) access to the Membership Community; and (d) any professional, advisory, or managed services selected or purchased by Customer.
(J) “Subscription Plan” means the specific tier, seat license allocation, billing frequency, and feature scope selected by Customer via online registration, account setting portal, or written agreement.
3. REPRESENTATIONS AND WARRANTIES
(A) Customer represents and warrants that:
(i) It has full power and authority to enter into these Terms and perform its obligations hereunder;
(ii) It will access the Platform and use the Services in accordance with these Terms and all applicable laws;
(iii) It will not (a) license, sublicense, sell, rent, lease, transfer, or commercially exploit the Platform; or (b) copy, reverse engineer, decompile, or attempt to discover the source code of the Platform hosted at https://compliance.bloomgrowth.com/compliance-documents/
(iv) To the extent Customer uploads data or content, Customer has obtained all necessary rights, permissions, and consents;
(v) Customer is solely responsible for its own business, human resources, employment, and promotional decisions, and acknowledges that Bloom’s Services do not constitute legal, tax, or regulatory advice; and
(vi) Upon termination of these Terms, Customer will immediately discontinue use of the Services.
(B) Bloom represents and warrants that:
(i) It will perform its obligations under these Terms in a professional and workmanlike manner; and
(ii) It will maintain appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of Customer data, as detailed in our Compliance Policies available at https://compliance.bloomgrowth.com/compliance-documents/.
(C) DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES, PLATFORM, COACHING SERVICES, AND MEMBERSHIP COMMUNITY ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BLOOM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BLOOM DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
4. COACHING SERVICES & INDEPENDENT CONTRACTORS
(A) Independent Contractor Status. Customer acknowledges that coaches providing Coaching Services through Bloom are independent contractors and not employees, agents, or joint venturers of Bloom.
(B) No Guarantee of Business Outcomes. Coaching Services are advisory only. Bloom makes no guarantees regarding specific financial, operational, or business outcomes resulting from Coaching Services.
(C) Disclaimers & Liability. Customer assumes full responsibility for implementing or relying upon any recommendations provided during Coaching Services. Bloom disclaims all liability for claims, losses, or damages arising out of or related to Coaching Services or the acts or omissions of independent coaches.
(D) Non-Solicitation of Independent Coaches. During the Term of these Terms and for a period of twelve (12) months following its termination or expiration, Customer agrees that it shall not, directly or indirectly, solicit, hire, engage, or contract with any independent coach or contractor introduced to Customer by Bloom, outside of the Platform or without the prior written consent of Bloom. In the event of a breach of this Section 4(D), Customer agrees to pay Bloom as liquidated damages—and not as a penalty—an amount equal to the total compensation paid by Customer to such coach or $25,000, whichever is greater. This subsection does not apply in California or other jurisdictions in which noncompete and non-solicitation agreements are void under state business code.
5. MEMBERSHIP COMMUNITY & USER-GENERATED CONTENT
(A) Community Curation. Bloom curates materials for the Membership Community, but discussions, posts, and advice shared by community members represent user-generated content solely attributable to the respective posting user. Bloom does not endorse, verify, or guarantee the accuracy of user-generated content.
(B) User Conduct. Customer agrees not to post content that is unlawful, defamatory, harassing, obscene, fraudulent, or infringing on third-party intellectual property.
(C) Moderation & Monitoring. Bloom reserves the right (but assumes no obligation) to monitor, moderate, remove, or edit any user-generated content at its sole discretion and without prior notice.
(D) Non-Reliance & Release. Customer relies on community discussions at its own risk. Bloom disclaims all liability for claims, losses, or disputes arising between community members or out of reliance on community-generated content.
(E) Copyright & DMCA Takedown Procedure. Bloom respects the intellectual property rights of others. If you believe that any Community Content or material hosted on the Platform infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending our Designated Copyright Agent the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing and where it is located on the Platform;
(iv) Your contact information (address, telephone number, and email); and
(v) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Notices should be emailed to: compliance@bloomgrowth.com (Attn: Chief Privacy & Legal Officer).
6. OWNERSHIP & INTELLECTUAL PROPERTY
(A) Bloom IP Rights. Bloom retains all rights, title, and interest (including Intellectual Property Rights) in and to the Platform, Software, documentation, transactional/performance data (provided it does not reveal Customer identity), and proprietary coaching methodologies.
(B) Customer IP Rights. Customer retains all rights, title, and interest in and to any data, information, or content uploaded to the Platform by Customer. Customer owns all Customer-specific Deliverables created exclusively for Customer by Bloom, excluding Bloom’s pre-existing materials, frameworks, or tools incorporated therein.
(C) Publicity. If You subscribe to the Service, you agree that we can disclose the fact that you are a paying customer. During the term of these TOS, and unless otherwise set forth, You grant us the right to reference You, along with Your logo, in marketing materials and on our public web site until such time as Your use of the Service is discontinued.
(D) Artificial Intelligence & Data Rights. Bloom may utilize automated systems, machine learning algorithms, or artificial intelligence features (“AI Features”) to provide or enhance the Services, for example through the creation of titles for questionnaires, issue theming, and textual suggestions for identifying goals and issues. Bloom represents that Customer Confidential Information and Customer Data will not be submitted to public AI models or utilized to train external foundational models without Customer’s prior express written consent. Output generated by AI Features is provided for informational and operational assistance only and does not constitute guaranteed or factual business advice.
7. CONFIDENTIAL INFORMATION
Each Party (“Receiving Party”) agrees to protect the Confidential Information of the other Party (“Disclosing Party”) using reasonable care. Confidential Information does not include information that is publicly known, already known prior to disclosure, independently developed, or lawfully received from a third party.
8. MEETING RECORDING AND CONSENT
We provide participant notices on desktop and mobile platforms, a visible recording indicator, a mechanism by which any participant may decline and can thereby prevent recording from starting or pause a recording in progress, an audible announcement when recording is confirmed for an in-person meeting, and a timestamped, server-recorded log of consent responses and recording activity. These features are designed to assist you with your compliance obligations. We do not assume responsibility for your compliance obligations. You must still obtain consent from participants as required by applicable laws before using these features.
9. LIMITATION OF LIABILITY & INDEMNIFICATION
(A) INDIRECT DAMAGES. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES).
(B) CAP ON LIABILITY. NEITHER PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL EXCEED THE TOTAL FEES PAID BY CUSTOMER TO BLOOM IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
(C) CUSTOMER INDEMNIFICATION. CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BLOOM, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND INDEPENDENT CONTRACTORS FROM ANY THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES, OR COSTS (INCLUDING LEGAL FEES) ARISING FROM CUSTOMER’S MISUSE OF THE SERVICES, BREACH OF THESE TERMS, OR USER-GENERATED CONTENT POSTED IN THE MEMBERSHIP COMMUNITY.
10. FEES, CANCELLATION, AND SUSPENSION
(A) Cancellation Policy & Notice. Customer may cancel its subscription Services, seat licenses, or recurring accounts through the account management settings on the Platform or by providing Bloom with written notice at least thirty (30) calendar days’ written notice prior to the end of the then-current billing period or subscription term. Cancellations submitted less than 30 days before the renewal date will apply to the end of the subsequent billing cycle. Customer shall retain access to the Services through the end of the paid notice period.
(B) Refund Policy. Payments for Bloom Growth subscriptions, seat licenses, and coaching packages are non-refundable. No pro-rated refunds or credits will be issued for services, partial months, or unused seat licenses during the 30-day cancellation period or remaining subscription term.
(C) Automatic Renewal. Subscriptions automatically renew for successive terms equal to the initial subscription period unless either Party cancels or provides written notice of non-renewal at least thirty (30) calendar days prior to the expiration of the then-current term.
(D) Fee Adjustments & Late Payments. Bloom reserves the right to modify its pricing, subscription fees, or seat license rates for any renewal term by providing Customer with notice (via email or account dashboard notification) at least forty-five (45) calendar days prior to the expiration of the then-current term. Outstanding balances past the due date will accrue interest at the lower of 1.5% per month or the maximum rate permitted by law. Customer shall reimburse Bloom for all reasonable costs and legal fees incurred in collecting past-due amounts.
(E) Immediate Suspension Rights. Notwithstanding any cure periods set forth herein, Bloom reserves the right to immediately suspend or restrict Customer’s (or any authorized user’s) access to the Platform, Coaching Services, or Membership Community without prior notice if Bloom reasonably determines that:
(i) Customer’s use poses a security risk to the Platform, Bloom, or any third party;
(ii) Customer’s conduct violates Section 3(A)(iii) or Section 5(B) (e.g., posting abusive, unlawful, or infringing content in the Membership Community); or
(iii) Undisputed fees remain unpaid more than fifteen (15) days past the due date.
Suspension under this clause does not relieve Customer of its obligation to pay agreed-upon fees.
11. GENERAL PROVISIONS
(A) Governing Law, Venue, and Jurisdiction. These Terms are governed by the laws of the State of Nebraska, without regard to conflict of law principles. Any legal action shall be litigated in courts located in Nebraska, or as otherwise agreed in writing.
(B) Modifications. Bloom reserves the right to modify these Terms or its Compliance Policies at any time by posting the updated version to https://compliance.bloomgrowth.com/compliance-documents/ or emailing notice to Customer. Continued use of the Services following notice constitutes agreement to the updated Terms.
(C) Entire Agreement & Incorporation. These Terms, along with Customer’s selected Subscription Plan and the Compliance Policies located at https://compliance.bloomgrowth.com/compliance-documents/ constitute the entire agreement between the Parties and supersede all prior agreements, proposals, or understandings regarding the subject matter herein. If any provision hereof should be held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity, legality or enforceability of such provision in any other jurisdiction.
(D) Force majeure. Under no circumstances shall we be liable for failure to fulfill its obligations under these Agreements for any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, material shortages, delays in transportation, strikes or other labor problems (other than those involving Our employees), Internet service provider failure or delays, or denial of service attacks. The time for performance of any such obligation shall be extended for the time period lost by the reason of the delay.