Terms of Service

Welcome to Bloom360. These Terms of Service ("Terms") govern your access to and use of the services provided by Bloom360, Inc. ("Bloom360," "we," "us," or "our"), including our website, mobile applications, telehealth platform, and all related services (collectively, the "Services"). By creating an account or using our Services, you agree to these Terms. If you do not agree, do not use our Services.

Bloom360 is a telehealth membership clinic. Our Services are not intended for medical emergencies. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. If you are experiencing a mental health crisis, call 988 (Suicide & Crisis Lifeline) or go to your nearest emergency department.

1. About Bloom360

Bloom360 is a telehealth-only preventive primary care clinic currently serving eligible patients in Michigan, with plans to expand to additional states. Our care team includes primary care providers (PCPs), registered dietitians, physical therapists, reproductive health specialists, and care navigators who work together to deliver comprehensive, relationship-based preventive care. Bloom360 is headquartered in Detroit, Michigan, at 4444 2nd Ave Ste 30674, Detroit, MI 48201.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 16 years of age to use our Services. If you are between 16 and 17 years of age, your parent or legal guardian must consent to your use of our Services and co-sign all applicable consent forms.

2.2 Geographic Eligibility

Our Services are currently available to individuals who reside in states where Bloom360 providers are licensed to practice. You must be physically located in an eligible state at the time of each telehealth encounter. Geographic eligibility may change as we expand to additional states.

2.3 Account Creation

To access our Services, you must create an account and provide 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. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that contain false or misleading information.

3. Membership, Fees, and Billing

3.1 Membership Structure

Bloom360 operates on a flat monthly membership fee model. Your membership provides access to your care team, scheduled telehealth visits, asynchronous messaging, care coordination, and other benefits as described on our website at the time of enrollment. Membership fees are separate from any costs associated with external services such as lab work, prescriptions, specialist referrals, or imaging.

3.2 Not Insurance

Bloom360 membership is not health insurance and does not replace health insurance coverage. We do not bill insurance for our membership services. You are responsible for maintaining any health insurance coverage you need.

3.3 Billing and Payment

Membership fees are billed on a recurring monthly basis. Payment is due at the beginning of each billing cycle. We accept major credit and debit cards. By providing a payment method, you authorize us to charge your payment method for the applicable membership fees on a recurring basis until you cancel.

3.4 Cancellation

You may cancel your membership at any time, subject to our Membership Cancellation Policy. Please review our full Cancellation Policy for details regarding notice requirements, billing during the notice period, and refunds.

3.5 Refunds

Membership fees are generally non-refundable. We do not provide prorated refunds for partial billing periods. If you believe you were charged in error, please contact us at care@bloom360.com within 30 days of the charge, and we will review your request.

3.6 Price Changes

We reserve the right to change our membership fees at any time. We will provide you with at least 30 days' advance notice of any price increase. Your continued use of our Services after the price change takes effect constitutes your acceptance of the new pricing.

3.7 Taxes

You are responsible for any applicable taxes associated with your membership, unless otherwise required by law.

3.8 What Is Covered and Not Covered

Your membership covers the services described in your membership plan, including telehealth visits with your care team, asynchronous messaging, care coordination, and health coaching. Your membership does not cover prescription medications, lab tests, imaging, specialist referrals, emergency care, in-person visits, durable medical equipment, or any services not explicitly included in your plan.

4. Telehealth Services and Informed Consent

4.1 Benefits of Telehealth

Telehealth allows you to receive healthcare services from the comfort of your home or another private location. Benefits include increased access to care, reduced travel time and costs, flexibility in scheduling, and continuity of care with your dedicated care team.

4.2 Risks and Limitations

Telehealth has inherent limitations. Your provider cannot perform a hands-on physical examination, which may limit diagnostic capabilities. Technical difficulties, including poor internet connectivity, may interrupt or delay your care. In rare cases, information transmitted electronically may be intercepted despite our security measures. Telehealth may not be appropriate for all medical conditions, and your provider may recommend an in-person evaluation when necessary.

4.3 Technology Requirements

To use our telehealth Services, you must have access to a compatible device (smartphone, tablet, or computer) with a camera, microphone, and a stable internet connection. You are responsible for ensuring your technology meets the minimum requirements and for any costs associated with your internet service or device.

4.4 No Emergency Services

Bloom360 does not provide emergency medical services. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. If you are experiencing a mental health crisis, call 988 (Suicide & Crisis Lifeline) or go to your nearest emergency department. Our Services are not a substitute for emergency care.

4.5 State-Specific Requirements

Telehealth services are subject to state-specific laws and regulations. Certain services may not be available in all states, and additional consent or disclosures may be required depending on your location. We will inform you of any state-specific requirements that apply to your care.

5. The Provider-Patient Relationship

5.1 Independent Medical Judgment

Your Bloom360 healthcare providers exercise independent professional judgment in providing your care. Clinical decisions are made by your providers based on their professional training, experience, and assessment of your individual health needs. Bloom360 does not interfere with or override clinical decisions made by your providers.

5.2 Availability

We strive to provide timely access to your care team. However, provider availability may vary based on scheduling, patient volume, and other factors. We will make reasonable efforts to accommodate your scheduling preferences. For urgent medical needs outside of our normal operating hours, please seek care at an urgent care center or emergency room.

5.3 Scope of Services

Bloom360 provides preventive primary care services via telehealth. Our scope of care includes wellness visits, chronic disease management, health coaching, nutritional counseling, physical therapy guidance, reproductive health services, and care coordination. We do not provide emergency care, inpatient care, surgical services, mental health crisis intervention, or controlled substance prescriptions.

5.4 Relationship with Other Providers

Bloom360 may coordinate with your other healthcare providers, specialists, and facilities as part of your care. However, Bloom360 is not responsible for the care, services, or actions of other providers or facilities. Any referrals to outside providers are for your convenience and do not constitute an endorsement or guarantee of their services.

6. Your Responsibilities as a Member

As a Bloom360 member, you agree to:

• Provide accurate and complete health information to your care team.
• Keep your account information up to date.
• Follow your care plan and communicate with your care team about any changes in your health.
• Use our Services in accordance with these Terms and applicable law.
• Treat all Bloom360 staff and providers with respect and courtesy.
• Maintain a private, secure environment during telehealth visits.
• Notify us promptly of any changes to your contact information, insurance, or health status that may affect your care.
• Pay all applicable fees in a timely manner.

7. Health Records and Data

7.1 Access to Records

You have the right to access your health records maintained by Bloom360. You may request copies of your records by contacting us at care@bloom360.com. We will provide your records in a timely manner in accordance with applicable law.

7.2 Retention

We retain your health records in accordance with applicable state and federal law, which generally requires retention for a minimum of seven (7) years from the date of the last encounter, or longer as required by law.

7.3 Transfers

You may request that we transfer your health records to another healthcare provider. We will process transfer requests in accordance with applicable law and may charge a reasonable fee for copies as permitted.

8. Privacy and HIPAA

Your privacy is important to us. Our collection, use, and disclosure of your personal and health information is governed by our Privacy Policy and Notice of Privacy Practices. By using our Services, you acknowledge that you have reviewed our Privacy Policy.

9. Communications and Consent to Contact

By creating an account, you consent to receive communications from Bloom360 via email, text message, push notification, phone call, and through our platform. Communications may include appointment reminders, care team messages, billing notices, service updates, and health information. You may opt out of non-essential marketing communications at any time, but you may not opt out of communications necessary for the delivery of care or account management.

10. Prohibited Conduct

You agree not to:

• Use our Services for any unlawful purpose or in violation of these Terms.
• Provide false, misleading, or fraudulent information.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorized access to our systems, networks, or other users' accounts.
• Interfere with or disrupt the operation of our Services or the servers or networks used to make them available.
• Use automated means (bots, scrapers, etc.) to access or collect information from our Services without our express written consent.
• Transmit viruses, malware, or other harmful code through our platform.
• Harass, threaten, or abuse Bloom360 staff, providers, or other members.
• Use our Services for purposes other than your own personal healthcare.
• Record telehealth visits without the prior consent of all participants.
• Share your account credentials with any other person.

11. Intellectual Property

All content, materials, features, and functionality of our Services — including text, graphics, logos, icons, images, audio, video, software, and the overall design and arrangement — are owned by Bloom360 or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, lease, or create derivative works based on our content without our prior written consent. Your use of our Services does not grant you any ownership rights in our intellectual property.

12. Third-Party Services

Our Services may integrate with or link to third-party services, including but not limited to laboratory services, pharmacy services, payment processors, and health information exchanges. These third-party services are governed by their own terms and privacy policies. Bloom360 is not responsible for the availability, accuracy, content, or practices of third-party services. Your use of third-party services is at your own risk.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BLOOM360 DOES NOT GUARANTEE ANY SPECIFIC HEALTH OUTCOMES. THE INFORMATION AND SERVICES PROVIDED THROUGH OUR PLATFORM ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLOOM360, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF MEMBERSHIP FEES PAID BY YOU TO BLOOM360 DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR MEDICAL MALPRACTICE TO THE EXTENT REQUIRED BY LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless Bloom360, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to our Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any rights of a third party; or (e) any information you provide through our Services.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at care@bloom360.com and attempt to resolve any dispute informally for at least thirty (30) days. Most concerns can be resolved through informal discussion with our team.

16.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Bloom360 agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or your use of our Services, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Wayne County, Michigan, unless otherwise agreed by the parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AND BLOOM360 AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

16.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles. To the extent that arbitration is not applicable, any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Wayne County, Michigan, and you consent to personal jurisdiction and venue in such courts.

17. Term, Termination, and Suspension

17.1 Term

These Terms are effective as of the date you first access or use our Services and remain in effect until your account is terminated or your membership is cancelled.

17.2 Termination by You

You may terminate your account and cancel your membership at any time in accordance with our Cancellation Policy.

17.3 Termination by Bloom360

We reserve the right to suspend or terminate your account and access to our Services at any time, with or without cause, upon notice to you. We will generally provide 30 days' notice of termination, except in cases involving safety concerns, fraudulent activity, non-payment, or violation of these Terms, where we may terminate immediately.

17.4 Effect of Termination

Upon termination of your account, your right to use our Services will cease. Sections of these Terms that by their nature should survive termination will survive, including but not limited to Sections 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution), and 11 (Intellectual Property).

18. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will provide at least fourteen (14) days' advance notice by posting the updated Terms on our website and, where appropriate, notifying you by email or through our platform. The "Last Updated" date at the top of this document indicates when the most recent revisions were made. Your continued use of our Services 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 our Services and cancel your membership.

19. Force Majeure

Bloom360 shall not be liable for any failure or delay in performing our obligations under these Terms to the extent such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, epidemics, government actions, war, terrorism, civil unrest, labor disputes, power outages, internet disruptions, cyberattacks, or failures of third-party service providers.

20. SMS/Text Messaging Terms

20.1 Program Description

By providing your phone number and opting in, you consent to receive recurring SMS/text messages from Bloom360 related to your waitlist status, appointment reminders, health tips, and care communications. Message frequency varies and may include up to 10 messages per month.

20.2 Opt-Out

You can opt out of receiving text messages at any time by replying STOP to any message you receive from us. After opting out, you will receive a one-time confirmation message. You will no longer receive text messages from Bloom360 unless you opt in again.

20.3 Help

For help or questions about our messaging program, reply HELP to any message or contact us at care@bloom360.com.

20.4 Message and Data Rates

Message and data rates may apply depending on your mobile carrier plan. Bloom360 is not responsible for any charges incurred from your carrier for receiving text messages.

20.5 Carrier Liability

Carriers (including but not limited to T-Mobile, AT&T, Verizon, and others) are not liable for delayed or undelivered messages. Delivery of messages is subject to effective transmission from your wireless carrier.

20.6 Privacy

Your mobile opt-in data and consent will not be shared with or sold to third parties for their marketing purposes. We may share your information with service providers who assist us in delivering messages, but only as necessary to operate our messaging program. For more information, see our Privacy Policy.

20.7 Supported Carriers

Our messaging program is supported on major US carriers. Carriers are not responsible for the content of messages sent by Bloom360.

21. Miscellaneous

21.1 Entire Agreement

These Terms, together with our Privacy Policy, Cancellation Policy, Telehealth Consent, and any other policies referenced herein, constitute the entire agreement between you and Bloom360 regarding your use of our Services and supersede all prior agreements, understandings, and communications, whether written or oral.

21.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

21.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Bloom360.

21.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. Bloom360 may assign these Terms without your consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

21.5 Notices

Notices to you may be sent to the email address associated with your account. Notices to Bloom360 should be sent to care@bloom360.com or mailed to Bloom360, Inc., 4444 2nd Ave Ste 30674, Detroit, MI 48201.

21.6 Accessibility

Bloom360 is committed to making our Services accessible to individuals with disabilities. If you need assistance or have questions about accessibility, please contact us at care@bloom360.com.

21.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

21.8 Language

These Terms are drafted in English. If these Terms are translated into another language and there is a conflict between the English version and the translated version, the English version shall control.

Contact Us

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

• Email: care@bloom360.com
• Mail: Bloom360, Inc., 4444 2nd Ave Ste 30674, Detroit, MI 48201