Terms of Service – BLOOMIN8

Last updated: 10-12-2025

Welcome to Bloomin8's website, mobile apps, desktop applications and E-Ink canvas devices.

Arpobot Pty Ltd (“bloomin8” or “we” or “us” or “our”) operates http://bloomin8.com/ (the “site”) and provides the bloomin8 mobile app for Android and iOS (the “app”), the bloomin8 desktop applications for Windows, macOS, and Linux (the “desktop apps”), and the firmware running on our bloomin8 E-Ink canvas devices (the “canvas”) - collectively, the "Services". By accessing or using any part of the Services, you agree to be bound by the following terms and conditions (the "Terms of Service"). If you do not agree to these Terms of Service, you are not allowed to use our Services.

Services

Our Services enable you to create, generate, manage, display, and share images and visual content through our mobile applications, desktop applications, E-Ink canvas devices, and related software and firmware. Using our Services, you may generate images using artificial intelligence based on your inputs, upload your own content, manage your image library, and display or push content to your Bloomin8 E-Ink canvas devices.

Descriptions of specific features and functionalities of the Services are available on our website, within the Apps, or within the Desktop Apps. Certain features of the Services may be provided free of charge, while other features may require a paid Subscription. The availability of features may vary by platform, device type, region, or subscription plan, and we reserve the right to modify, add, or remove features at any time.

We offer two categories of user engagement which enjoy different levels of Services:

Account Types

We offer two types of user accounts with different levels of access to the Services: a Free Account and a Pro Account (Subscription Account).

Free Account

A “Free Account” requires the creation of a user account by registering with a valid email address, or by signing in through a supported third-party login provider such as Google, Apple, or Facebook. You agree to provide accurate, complete, and up-to-date information when creating and maintaining your Account.

You may access, edit, and update your Account information through the App, and through such other platforms (including the Site or Desktop Apps) as we may make available from time to time, where applicable. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account.

You must immediately notify us at hello@bloomin8.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. We reserve the right to suspend or terminate Accounts that are found to be in violation of these Terms or that pose security risks to the Services.

Free Accounts may have access to certain basic features and functionalities of the Services at no charge (“Free Features”), as determined by Bloomin8 from time to time. In addition to such Free Features, Free Accounts may also receive a specific number of free AI image generation credits during a specified period (for example, on a daily, weekly, monthly, promotional, or trial basis).

Such Free Features and free credits:

are provided at Bloomin8’s sole discretion,
may vary by user, region, device, platform, or time period,
are subject to change, limitation, suspension, or termination at any time to the extent permitted by applicable law.

Free AI image generation credits:

are granted for a limited time and for a specific number of uses only,
expire automatically at the end of the applicable period in accordance with the rules of the applicable plan or promotion,
cannot be carried over, accumulated, exchanged for cash, or transferred to any other account,
do not constitute a permanent, guaranteed, or contractual right.

Once the applicable time period expires, any unused free credits will be automatically forfeited without compensation. Bloomin8 reserves the right to adjust, suspend, or discontinue the provision of any Free Features or free credits at any time, to the extent permitted by applicable law.

Pro Account(Subscription Account)

A “Pro Account” is a paid, subscription-based upgrade attached to a Free Account that provides access to additional paid features, higher usage limits, premium functions, or other enhanced Services (“Subscription”).

By purchasing a Pro Subscription, you agree to pay the applicable subscription fees presented to you at the time of purchase. Subscription plans, billing cycles, pricing, and available features may vary by platform (e.g., Apple App Store, Google Play), region, and time, and are subject to change as described below.

Bloomin8 reserves the right, in its sole discretion, to modify Pro Subscription plans, features, or pricing at any time. Any changes to Subscription fees will become effective at the start of the next billing cycle following reasonable prior notice to you, where required by applicable law. Your continued use of the Pro Account after such changes take effect constitutes your acceptance of the updated fees.

Certain features or Services may only be available under a Pro Account. We may also offer promotional pricing, free trials, bundled offerings, or limited-time discounts for Pro Subscriptions, which may be subject to additional terms and conditions. Bloomin8 is not responsible for products or services provided by third-party partners offered in connection with any Pro Subscription.

Bloomin8 may, from time to time, introduce additional subscription tiers, premium plans, or higher-level accounts beyond the Pro Account that offer different or enhanced features, usage limits, or benefits. The availability, pricing, features, and applicable terms of any such additional plans will be disclosed at the time they are offered and may be subject to separate or updated terms. Your purchase or use of any such additional plans will be subject to your acceptance of the then-applicable terms.

Payment and Cancellations

All payments for any paid features, Subscriptions, or other subscription-based Services are processed through third-party payment platforms such as the Apple App Store or Google Play (each, a “Payment Provider”). Bloomin8 does not directly collect or store your full payment card or payment account information. By purchasing a Subscription through a Payment Provider, you agree to be bound by the applicable terms and conditions of that Payment Provider, in addition to these Terms.

Billing and Auto-Renewal

Your Subscription may automatically renew at the end of the chosen billing cycle, in which case your selected payment method will be automatically charged by the Payment Provider upon renewal. All matters relating to the management, cancellation, renewal, and billing of your Subscription are handled exclusively through the applicable Payment Provider. To avoid future subscription charges, you must cancel your Subscription through the Payment Provider before the renewal date of the current subscription period.

Subscription pricing, billing cycles, and renewal terms may vary by platform, region, and plan. You will always be shown the applicable pricing and billing terms prior to completing your purchase.

Cancellation and Refunds

Except as otherwise required by applicable law or expressly permitted by the policies of the relevant Payment Provider, payments for any Subscriptions are non-refundable, and we do not provide refunds or credits for partially used subscription periods. Following any valid cancellation by you through the Payment Provider, you will continue to have access to the applicable paid Services through the end of the subscription period for which payment has already been made.

Deleting the App or closing your Bloomin8 account does not automatically cancel your Subscription. You are solely responsible for properly canceling your Subscription through the Payment Provider. If a refund is required by applicable law or approved by the Payment Provider, such refund will be processed solely by the Payment Provider in accordance with its policies, and not directly by Bloomin8.

Changes to Subscription Fees

Bloomin8 reserves the right to change Subscription fees, plans, or billing structures from time to time. Where required by applicable law, we will provide reasonable prior notice of any material changes. Any price changes will take effect at the start of the next billing cycle unless otherwise required by law. Your continued use of the Subscription after such changes take effect constitutes your acceptance of the revised fees.

Suspension or Termination

We reserve the right to suspend or terminate your access to any paid features, paid Subscriptions, or other paid portions of the Services if your payment is not successfully processed, if a charge is reversed or disputed, or if you otherwise breach these Terms. If any paid Subscription or other paid access to the Services is terminated due to your breach of these Terms, you will not be entitled to any refund or credit for any unused portion of the applicable paid period, to the maximum extent permitted by applicable law.

Intellectual Property

User Input and User Output.

As part of your use of the Services, you may be able to input, post, upload and submit information (“User Input”) to the Services, and you may direct the Services to generate and output new content based on your User Input (“User Output”). We do not claim any ownership rights in your User Input or User Output, and we do not restrict your ability to use User Output for your own purposes (including for commercial purposes).

To the extent that, under applicable law, any right, title or interest in or to the User Output is deemed to vest in Bloomin8, Bloomin8 hereby assigns and transfers to you all such right, title and interest, solely as between you and Bloomin8.

However, you acknowledge that due to the nature of generative AI tools, your User Output may not be unique and users of the Services may create their own User Output that is similar or the same as your User Output because the same or similar User Input was provided. Your User Input, User Output, and any other information, materials or content that you post, upload, submit or otherwise make available through the Services, including your account name, profile picture and comments, are collectively referred to as “Your Content”.

Your Responsibility for Your Content.

You are solely responsible for Your Content and for ensuring that it does not violate any applicable law or the rights of any third party. You represent and warrant that you own or have obtained all necessary rights, licenses, consents and permissions to submit Your Content and to grant Bloomin8 the rights described in these Terms.

Unless otherwise expressly stated by Bloomin8 in writing, you may use User Output for personal or commercial purposes at your own risk. Bloomin8 makes no representations or warranties regarding the suitability, originality, or exclusivity of any User Output and expressly disclaims any liability arising from your use, including any commercial use, of User Output to the maximum extent permitted by applicable law.

Bloomin8 Content.

The content on our Services, not “Your Content”, including but not limited to Bloomin8’s software, firmware, algorithms, models, designs, logos, trademarks, text, graphics, images and other materials, is the property of Bloomin8 or its licensors and is protected by applicable intellectual property laws. You may not use any such content for commercial purposes without the express written consent of Bloomin8.

Feedback.

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). By providing Feedback, you grant Bloomin8 a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute and otherwise exploit such Feedback for any purpose without restriction or compensation to you.

Your Content

Your Content License Grant. In order to operate the Services, we must obtain from you certain license rights in Your Content so that actions we take in operating the Services are not considered legal violations. Accordingly, by using the Services and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate, improve, promote and provide the Services. You agree that these rights and licenses are royalty-free, transferable, sublicensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations.

As part of the Services, users can create remixes or regenerations of someone else’s User Output other than Private Content (“Remixed User Output”). As part of the foregoing license grant in the previous paragraph, you agree that other users of the Services shall have the right to use, reproduce, modify, comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services (including to create Remixed User Output based on your original User Output); except that if we provide you with functionality that allows you to post Your Content privately for non-public display or re-mix on the Services (“Private Content”), the foregoing rights granted to other users shall not apply to such Private Content unless you choose to post or re-generate that Private Content in a public portion of the Services. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice, including if the Company determines (whether through use of automated detection software or by other means) that you are in breach of these Terms and regardless of whether you are a subscriber to the paid Services. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. We do not claim to own any of Your Content, and you should carefully consider whether you should utilize any User Output that is available on the Services for commercial purposes, and what permissions you may need from third parties to do so. We expressly disclaim any liability arising from your use of any User Output for a commercial purpose.

Data Protection

Bloomin8 keeps and processes the disclosed and personal data relating to its Services and thus retains the ownership of data relating to the products and remains an independent data controller for personal information which we process in relation to the Services.

Our Privacy Policy explains how we collect, protect, use, and share the personal information you have provided us with in order to provide our Services. By using our Services, you agree to the collection, processing, and disclosure of your personal information in accordance with our Privacy Policy. We do not share the user’s data with other third parties, unless required by law.

You are responsible for maintaining the confidentiality of your account login information and for all activities conducted through your account.

We will upon specific request delete data collected, entered or provided by the user. However, we are not obligated to change, clean or in any other way alter the models, algorithms, systems or parameters that the user’s data has helped to train, develop or improve during the term of the agreement.

Data that has been properly anonymized (and which no longer identifies you) may continue to be used by Bloomin8 for statistical analysis, security purposes, service improvement, research and development, and business operations.

Data Uploaded by the User

You are solely responsible for all data and content that you upload, submit, or otherwise provide through the Services, including its lawfulness, accuracy, reliability, and appropriateness.

You represent and warrant that Bloomin8’s processing and use of your uploaded data in accordance with these Terms and the Privacy Policy does not infringe the data protection rights, privacy rights, intellectual property rights, contractual rights, or any other legal rights of any third party.

If any uploaded data is unlawful, infringes third-party rights, or is of a particularly sensitive or prohibited nature, Bloomin8 reserves the right to remove or restrict access to such data at any time without prior notice.

Usage Rights

To the extent permitted by applicable law and in accordance with the Privacy Policy, Bloomin8 may collect and use anonymized or aggregated usage data (excluding your identifiable personal data, photos, and videos) for the purposes of operating, maintaining, protecting, and improving the Services, developing and optimizing algorithms and models, conducting analytics and research, and supporting business operations.

Such anonymized or aggregated data cannot be used to directly identify you and will not be used for personalized marketing outside the scope of the Services unless otherwise permitted by law and the Privacy Policy.

Rights We Grant You

Right to Use Services. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, revocable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take. For the avoidance of doubt, Your Content is not part of the “Services,” as defined in these Terms.

Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

(A) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any of our proprietary technology that makes up or is included in the Services, except (i) you may create and store temporary files that are automatically cached by your web browser for display purposes, (ii) as otherwise expressly permitted in these Terms, and (iii) for clarity, the foregoing restrictions do not apply to Your Content;
(B) use User Input or User Output to develop any product, service, or technology that competes with the Company or the Services;
(C) submit, transmit, display, perform, post or store any content that is inaccurate, illegal, unlawful (including, but not to limited to, uploading copyrighted images to the Services without the consent of the copyright owner), defamatory, unethical, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights (including, but not limited to, uploading images of individuals to the Services without their consent), harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable (collectively and individually, “Objectionable”);
(D) use the Services for bullying, disruptive or Objectionable purposes or for political campaigning or lobbying purposes; or otherwise use the Services in a manner that is fraudulent, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, or Objectionable;
(E) frame, replicate, or develop an interface to access the Services without going directly to the Website or the App (e.g., via an API), unless we explicitly make such functionality available to you;
(F) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
(G) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, graphics, design, commercial symbol, or other proprietary notation displayed on or through the Services; provided that, for clarity, the foregoing does not include Your Content;
(H) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
(I) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
(J) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
(K) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
(L) use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
(M) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
(N) violate any applicable law or regulation in connection with your access to or use of the Services;
(O) access or use the Services in any way not expressly permitted by these Terms; or
(P) use or distribute User Output in a misleading way, including, for instance, by representing that the User Output is entirely human generated or that the User Output depicts an actual photograph of a real event. Further, if you distribute your User Output to others, we encourage you to proactively disclose that such User Output was created using artificial intelligence technologies so as not to mislead others of its origin.

Use of the App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or will be available in, or that orders for Offerings can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from the Company.

Beta Offerings. From time to time, we may, in our sole discretion, include certain test or beta features or products in the Services (“Beta Offerings”) as we may designate from time to time. Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Offering is at your sole risk. You agree that once you use a Beta Offering, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Offering back to the prior non-beta version. If we provide you any Beta Offerings on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Offerings. For any such confidential Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Offerings without our prior written consent.

Termination

You may cancel any paid Subscription at any time through the applicable Payment Provider (such as Apple App Store or Google Play), in accordance with the cancellation procedures and terms of that Payment Provider. Upon cancellation, your access to the applicable paid features will continue until the end of the current billing period, after which your account will automatically revert to a Free Account, unless otherwise terminated in accordance with these Terms.

You may terminate your Free Account at any time through your account settings in the App or through any other method that Bloomin8 may make available from time to time.

If you breach these Terms, including but not limited to non-payment, misuse of the Services, unauthorized use, or any illegal or criminal activity, Bloomin8 reserves the right to suspend or terminate your access to any part of the Services, including any paid features or Subscriptions, immediately and without prior notice or liability, to the maximum extent permitted by applicable law.

Any termination or suspension by Bloomin8 due to your breach of these Terms shall not entitle you to any refund or credit for any unused portion of a paid Subscription, except where such refund is required by applicable law or by the applicable Payment Provider’s policies.

Third-party Services and Materials

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that, to the maximum extent permitted by applicable law, the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites.

The Company does not warrant, endorse, guarantee, or assume any responsibility for any third-party services, Third-Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you, and your access to and use of such Third-Party Materials and websites is at your own risk.

To the maximum extent permitted by applicable law, the Company shall not be liable for any loss or damage of any kind arising from or related to your access to, use of, or reliance on any Third-Party Materials, third-party services, or third-party websites.

Limitation of Liability and Warranty Disclaimer

The Services are provided on an “as is” and “as available” basis. Bloomin8 makes no representations or warranties of any kind, whether express, implied or statutory, that the Services will meet your requirements, be uninterrupted, secure, error-free, or available at any particular time or location.

Bloomin8, its subsidiaries, affiliates, and licensors do not guarantee or warrant that its Services will function uninterrupted, secure, or available at any particular time or location, that any errors or defects will be corrected or that its Services are free of viruses or other harmful components.

While we strive to maintain stable and secure operation of the Services, Bloomin8 shall not be liable, to the maximum extent permitted by applicable law, for any indirect, incidental, special or consequential damages arising out of or in connection with your use of the Services, including but not limited to losses caused by power outages, equipment failures, network interruptions, telecommunication failures, cyberattacks, viruses, or other force majeure events.

In the case of breakdown or disturbances, we strive to restore normal operation as soon as possible and without unnecessary delay.

You agree to indemnify and hold harmless Bloomin8, its affiliates, directors, officers, employees and licensors from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Services, your violation of these Terms, or your violation of any applicable law or third-party rights.

Nothing in these Terms shall exclude or limit Bloomin8’s liability for damages resulting from its willful misconduct or gross negligence where such liability cannot be excluded or limited under applicable law.

To the maximum extent permitted by applicable law, Bloomin8’s total cumulative liability to you for any claims arising out of or relating to the Services or these Terms shall not exceed the total fees actually paid by you to Bloomin8 for the applicable paid Services during the twelve (12) months immediately preceding the event giving rise to the claim.

Entire Agreement and severability

These Terms of Service and our Privacy Policy constitute the entire agreement between you and Bloomin8 and supersede any prior agreements or understandings, whether written or oral.

If any provision of these terms and conditions is declared invalid or unenforceable under a certain jurisdiction’s laws, the provisions of these terms and conditions shall remain in full force and effect in all other jurisdictions.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law or, if that is not possible, deemed modified to reflect the original intent as closely as possible, and the remaining provisions of these Terms shall remain in full force and effect.

Changes

We may modify or update these Terms from time to time. If we make changes that materially affect your rights or obligations, we will provide you with reasonable advance notice through the Services and/or by email, and such material changes will take effect no earlier than thirty (30) days after such notice, unless a shorter notice period is required or permitted by applicable law.

For all other changes that do not materially affect your rights or obligations, the updated Terms will become effective upon posting to the Services.

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

Contact Us

If you have any questions or concerns about these Terms of Service, you can contact us at support@bloomin8.com.