These Terms of Use ("Terms") are a binding agreement between you and the provider of Bloomie named in section 2 ("we", "us"). They apply to the Bloomie app, its updates and any purchase made in it (together, "the app"). By installing, opening or using the app you accept these Terms. If you do not accept them, do not use the app and uninstall it.
Our Privacy Policy explains how the app handles information and forms part of these Terms.
The app is provided by TMaxTech SRL. Contact: tmaxtech.apps@gmail.com.
You must be at least 18 years old, or the age of majority where you live if that is higher, and legally able to enter into this agreement.
Bloomie is a personal organisation tool. It stores and organises habits, goals, bucket list items and progress that you enter, and adds reminders, streaks, points, levels and achievements to help keep you motivated.
The app is not:
Habit suggestions, categories, example goals, targets and any other content the app shows are generic ideas and may not suit you. Talk to a qualified professional before you start any exercise, diet, fasting, sleep or other health-related routine, or before making a significant financial decision. Stop any activity that causes you pain, discomfort or distress.
Reminders are a convenience only. They may be late, or not shown at all, because of your device, its operating system, battery or power saving settings, notification or alarm permissions, "do not disturb", the date, time or time zone of the device, the device being off, the app being uninstalled, restored, cleared or updated, or a software defect. You remain responsible for anything you need to remember, including taking medication, appointments and deadlines. Never rely on the app for anything where a missed reminder could harm you or anyone else.
Streaks, statistics and progress figures depend on what you log and on the device's date and time, and are approximate. Points, levels, achievements and streaks are motivational features only. They have no monetary value, cannot be exchanged, transferred or redeemed, and may be changed, rebalanced or reset in an update.
The app stores your data only on your device. We do not hold a copy and cannot recover, restore or repair your data under any circumstances. Bloomie is excluded from Android's automatic backup, so your data is not saved to your Google account.
You are solely responsible for exporting your own backups and keeping them safe. Data can be lost or damaged, for example through uninstalling the app, clearing its storage, using "Reset All Data", a device being lost, stolen, reset, damaged or replaced, an operating system or app update, a failed or interrupted import, a backup file being incompatible, incomplete, edited or corrupted, or a software defect.
Importing a backup may replace the data currently in the app. Backup files are not encrypted by the app. Once you save or share them, where they go, who can read them and how they are protected is your responsibility and is governed by the service you send them to.
Everything you enter ("your content") remains yours. You are solely responsible for your content and for any image or text you choose to share from the app. You must not use the app to store or share content that is unlawful or that infringes anyone's rights.
We grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the app on devices you own or control, for your own personal use, in line with these Terms and the Google Play terms. The app is licensed, not sold. We and our licensors keep all rights in the app, its code, design, illustrations, name and logo that are not expressly granted to you.
Except where the law expressly allows it despite this restriction, you must not: copy, modify, translate or create derivative works of the app; decompile, reverse engineer or disassemble it; remove or bypass any purchase, licensing, advertising or security mechanism, or any free-version limit; rent, sell, redistribute or publish the app or any modified version of it; use the app in a way that breaks any law; or use our name, the Bloomie name or logo without our written permission.
The app includes third-party components under their own licences. Those licences apply to those components, and nothing in these Terms limits your rights under them.
The free version of the app has usage limits, such as a maximum number of active habits, goals and bucket list items and a limited statistics history, and shows advertising supplied by third-party ad networks such as Google AdMob. We may change the free version's limits and features; a change will not delete content you already created.
We do not create, control or endorse the ads or the products, services or websites they lead to, and we are not responsible for them. Any dealing you have with an advertiser is between you and that advertiser. How ad networks use information is explained in our Privacy Policy and the consent screen shown in the app.
We may update the app, and add, change or remove features at any time, for example to fix defects, improve security, adapt to changes in Android, Google Play or the law, or improve the app. Some updates may be needed for the app to keep working. Except where the law requires it, we are not obliged to provide updates, support or new features, to keep the app compatible with any device or operating system version, or to keep the app available on Google Play. We may stop providing or distributing the app at any time. If we do, the app may keep working on your device, but without updates.
The app works with services and apps we do not control, including Android, Google Play, Google AdMob, your device's notification, file, gallery and share features, and whatever app or service you send files or images to. Their own terms and privacy policies apply, and we are not responsible for their availability, behaviour, content or security.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL WORK, BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF ERRORS, DEFECTS OR DATA LOSS, THAT REMINDERS WILL BE DELIVERED, THAT STREAKS OR STATISTICS WILL BE CORRECT, THAT USING THE APP WILL HELP YOU REACH ANY HABIT OR GOAL, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP WILL BE COMPATIBLE WITH YOUR DEVICE. YOU USE THE APP AT YOUR OWN RISK.
Some jurisdictions do not allow certain warranties to be excluded. In that case the exclusions above apply only as far as the law allows, and section 15 applies.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT ALWAYS TO SECTION 15:
These limits apply whatever the legal basis of the claim (contract, tort, negligence, statute or otherwise), even if we were told the loss was possible, and even if a remedy fails of its essential purpose. They reflect that the app is offered free or at a very low price, and they form part of the basis on which it is offered.
Nothing in these Terms excludes or limits any liability, or any right you have, that cannot be excluded or limited under the law that applies to you. In particular, nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for damage caused intentionally or by gross negligence, or under mandatory product liability law. If you are a consumer, you keep the mandatory rights given to you by consumer protection law, including the legal guarantee of conformity for digital content where it applies; these Terms do not reduce those rights. Where a provision of sections 13 or 14 cannot apply in full, it applies to the greatest extent the law permits.
You are responsible for how you use the app and for your content. To the extent permitted by law, you agree to compensate us for any claim, loss, liability or reasonable cost (including reasonable legal fees) brought by a third party against us that results from your breach of these Terms, your unlawful use of the app, or your content.
You can stop using the app at any time by uninstalling it. Your licence ends automatically if you materially break these Terms. When it ends you must stop using the app and delete it. Sections 4 to 7 and 12 to 20 continue to apply after it ends.
We may change these Terms to reflect changes to the app, to the law or to the services the app relies on, or for security, legal or other valid reasons. We will publish the new version on this page with a new "Last updated" date and, for significant changes, tell you in the app or its release notes. Changes apply from the date they are published and do not apply to a dispute that arose before. If you do not agree with a change, stop using the app and uninstall it; continuing to use it means you accept the change.
These Terms are governed by the law of the country where we are established, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.
If you are a consumer, this choice of law does not take away the protection of the mandatory rules of the country where you live, and you may bring proceedings in the courts of that country.
Please contact us first so we can try to resolve the issue informally. Where available, you may also use the consumer protection or alternative dispute resolution bodies in the country where you live.
Questions about these Terms: tmaxtech.apps@gmail.com