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Social Bloom End User License Agreement

 
Effective Date: January 29, 2025
 
This End User License Agreement ("Agreement") is a legally binding contract between you ("User," "you," or "your") and SocialBloom LLC ("SocialBloom," "Company," "we," "us," or "our") governing your access to and use of the SocialBloom platform, including all related services, features, and content (collectively, the "Service").
 
BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE.
 
1. Description of Service
SocialBloom provides a business-to-business lead generation service that identifies and contacts prospective customers on your behalf. The Service includes:
  • Identification and sourcing of business contact information for prospective leads
  • Generation of personalized outreach messaging using artificial intelligence
  • Automated email outreach campaigns sent on your behalf
  • AI-powered response handling and follow-up communications
  • Calendar booking integration for qualified leads
You acknowledge that SocialBloom manages all aspects of the lead generation process, including lead sourcing, messaging creation, and email delivery. You do not have direct access to or control over the underlying lead data, email infrastructure, or messaging systems.
2. Account Registration and Requirements
To use the Service, you must provide accurate and complete information during registration, including:
  • Your legal business name and valid business entity information
  • A valid physical mailing address for your business (required for email compliance)
  • Accurate contact information
  • A description of your products or services being promoted
You agree to maintain current and accurate information throughout your use of the Service. Providing false, misleading, or incomplete information may result in immediate termination of your account.
2.1 Acceptance on Behalf of Invited Users
By accepting this Agreement, you represent and warrant that you have the authority to bind your organization and all users you invite to your organization or accounts ("Invited Users") to the terms of this Agreement. You are responsible for:
  • Ensuring all Invited Users are aware of and comply with this Agreement
  • All actions taken by Invited Users within the Service
  • Any violations of this Agreement by Invited Users
You agree to indemnify and hold SocialBloom harmless from any claims, damages, or liabilities arising from the actions of Invited Users you have authorized to access the Service.
A copy of this Agreement is available at https://app.socialbloom.io/legal/eula for your reference and to share with Invited Users.
3. Billing and Payment
3.1 Pricing Structure
The Service is billed on a tiered monthly subscription basis, determined by the number of custom campaigns launched during each billing cycle. A "custom campaign" is defined as a hyper-personalized, 1-to-1 outreach sequence initiated to a single prospect. A campaign is considered "launched" when the first message in the sequence is sent, regardless of whether subsequent messages in the sequence are delivered (e.g., if the prospect opts out or requests no further contact).
3.2 Upgrades
You may upgrade your subscription tier at any time. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of your current billing cycle based on the difference between your current tier and the new tier.
3.3 Downgrades
You may request a downgrade to a lower subscription tier at any time. Downgrades will take effect at the beginning of your next billing cycle. You will continue to have access to your current tier's features and lead volume until the end of your current billing period.
3.4 No Refunds
ALL FEES ARE NON-REFUNDABLE. No refunds will be issued for any reason, including but not limited to: unused lead volume, early termination, dissatisfaction with results, or failure to achieve desired outcomes. You acknowledge that the Service is for lead generation and outreach only, and SocialBloom makes no guarantees regarding response rates, conversion rates, or business outcomes.
4. Intellectual Property and Content License
4.1 SocialBloom Ownership
SocialBloom retains all right, title, and interest in and to the Service, including but not limited to: all software, algorithms, machine learning models, templates, methodologies, processes, lead data, and all content generated through the Service (collectively, "SocialBloom IP"). Nothing in this Agreement transfers any ownership rights to you.
4.2 Limited License to Generated Content
Subject to your compliance with this Agreement and continued payment of all applicable fees, SocialBloom grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the email content and messaging generated by the Service ("Generated Content") solely for:
  • Conducting outreach to prospects through the Service during your active subscription
  • Internal review and approval of messaging within the Service platform
4.3 Restrictions on Generated Content
You expressly agree that you will NOT:
  • Copy, reproduce, distribute, or republish any Generated Content outside the Service
  • Use Generated Content in any email platform, marketing tool, or system other than the Service
  • Share, sell, license, or transfer Generated Content to any third party
  • Use Generated Content to train, develop, or improve any artificial intelligence, machine learning model, or automated system
  • Reverse engineer, analyze, or attempt to extract SocialBloom's methodologies, templates, or processes from the Generated Content
4.4 License Termination
Upon termination or expiration of your subscription for any reason, your license to all Generated Content terminates immediately. You may not continue to use, reference, repurpose, or derive value from any Generated Content after termination. While emails that have already been delivered to recipients' inboxes cannot be recalled, you lose all rights to actively use or repurpose such content.
5. Confidentiality
You acknowledge that the Service, including SocialBloom's messaging strategies, email templates, personalization techniques, AI methodologies, and lead generation processes, constitute confidential and proprietary information ("Confidential Information"). You agree to:
  • Maintain the confidentiality of all Confidential Information
  • Not disclose Confidential Information to any third party without SocialBloom's prior written consent
  • Not use Confidential Information for any purpose other than receiving the Service
  • Take reasonable measures to protect Confidential Information from unauthorized disclosure
This confidentiality obligation survives termination of this Agreement.
6. Email Compliance and Responsibilities
6.1 Shared Compliance Model
Emails sent through the Service are sent on your behalf, promoting your business, products, or services. Both parties share responsibility for compliance with applicable email regulations, including CAN-SPAM, GDPR, CASL, and other applicable laws:
SocialBloom's Responsibilities: Technical compliance including functional unsubscribe mechanisms, proper email headers, accurate sender identification, and honoring opt-out requests within required timeframes.
Your Responsibilities: Providing accurate business information (including a valid physical mailing address), ensuring your products/services are legitimately promoted, and ensuring your business operations comply with applicable laws.
6.2 Indemnification for Email Compliance
You agree to indemnify and hold SocialBloom harmless from any claims, damages, or penalties arising from: (a) inaccurate or misleading business information you provide; (b) the nature or legality of your products, services, or business practices; or (c) any misrepresentation about your business in connection with the Service.
SocialBloom agrees to indemnify and hold you harmless from any claims, damages, or penalties arising directly from SocialBloom's failure to maintain technical email compliance, including failure to honor unsubscribe requests or include required email headers.
7. Prohibited Industries and Uses
The Service may not be used to promote businesses, products, or services in the following categories:
  • Adult content, pornography, or sexually explicit material
  • Gambling, lotteries, or betting services
  • Cannabis, marijuana, CBD products, or related paraphernalia
  • Firearms, weapons, ammunition, or explosives
  • Cryptocurrency, NFTs, ICOs, or unregulated financial instruments
  • Multi-level marketing (MLM), pyramid schemes, or network marketing
  • Payday loans, predatory lending, or debt collection services
  • Tobacco, vaping products, or e-cigarettes
  • Pharmaceuticals requiring prescription or controlled substances
  • Get-rich-quick schemes or deceptive business opportunities
  • Any business or activity that violates applicable law or payment processor terms of service
SocialBloom reserves the right to refuse service to, or terminate the accounts of, users in prohibited industries, with or without notice.
8. AI-Generated Content Disclaimer
You acknowledge that the Service uses artificial intelligence to generate personalized email content. While SocialBloom strives for accuracy, AI-generated content may occasionally contain:
  • Factual errors or inaccuracies
  • Misinterpretations of prospect information
  • Unintended implications or messaging
The Service provides a sample preview feature allowing you to review messaging before campaigns are fully deployed. You are encouraged to use this feature to verify that messaging accurately represents your business. SocialBloom is not liable for any damages resulting from AI-generated content errors.
9. No Performance Guarantees
SOCIALBLOOM MAKES NO GUARANTEES REGARDING: response rates, email deliverability rates, lead quality, conversion rates, meetings booked, deals closed, revenue generated, or any other business outcome. The Service is provided "as is" for lead generation and outreach purposes only. Results vary based on factors outside SocialBloom's control, including your industry, offer, market conditions, and prospect receptivity.
10. Third-Party Integrations
The Service may integrate with third-party services, including but not limited to: CRM platforms (e.g., HubSpot), calendar services (e.g., Cal.com), and email delivery providers. You acknowledge that:
  • Third-party services are governed by their own terms of service
  • You are responsible for maintaining valid credentials and permissions for connected services
  • SocialBloom is not liable for outages, data loss, or service disruptions caused by third-party providers
11. Service Availability
SocialBloom does not guarantee any specific level of uptime or availability. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. SocialBloom will make reasonable efforts to minimize disruptions but provides no service level agreement (SLA) or uptime guarantee.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOCIALBLOOM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.
SOCIALBLOOM'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU TO SOCIALBLOOM IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
13. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SOCIALBLOOM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
14. Termination
14.1 Termination by You
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing cycle. No refunds will be issued for the remaining period.
14.2 Termination by SocialBloom
SocialBloom may suspend or terminate your access to the Service immediately, with or without notice, for any reason, including but not limited to: violation of this Agreement, engagement in prohibited industries, non-payment, or conduct that SocialBloom determines may harm its reputation, systems, or other users.
14.3 Effect of Termination
Upon termination: (a) your license to all Generated Content terminates immediately; (b) your access to the Service will be revoked; (c) no refunds will be issued; and (d) SocialBloom may delete your account data in accordance with its data retention policies. Sections 4, 5, 6.2, 9, 12, 13, 15, and 16 survive termination.
15. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware. Each party shall bear its own costs and attorneys' fees.
16. General Provisions
16.1 Entire Agreement
This Agreement constitutes the entire agreement between you and SocialBloom regarding the Service and supersedes all prior agreements, understandings, and communications.
16.2 Amendments
SocialBloom reserves the right to modify this Agreement at any time. We will notify you of material changes by posting the updated Agreement within the Service, sending an email to your registered email address, or through other reasonable means. The "Effective Date" at the top of this Agreement will be updated to reflect the date of the most recent version.
Your continued use of the Service after any modifications to this Agreement constitutes your acceptance of the updated terms. If you do not agree to the modified terms, you must stop using the Service and cancel your subscription before the changes take effect. It is your responsibility to review this Agreement periodically for updates.
16.3 Severability
If any provision of this Agreement is found unenforceable, the remaining provisions shall continue in full force and effect.
16.4 No Waiver
SocialBloom's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
16.5 Assignment
You may not assign or transfer this Agreement without SocialBloom's prior written consent. SocialBloom may assign this Agreement without restriction.
17. Contact Information
For questions about this Agreement, please contact:
SocialBloom LLC Email: legal@socialbloom.io 215 Legion Way SW Olympia, WA 98501
By creating an account or using the Service, you confirm that you have read, understood, and agree to be bound by this End User License Agreement.
If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms.