Terms of Service
1. Introduction
Welcome to BloomChats. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and BloomChats, a sole proprietorship owned and operated by Ibrahim, based in New Delhi, India ("BloomChats", "we", "us", "our"). By accessing or using the BloomChats platform, website at bloomchats.com, mobile applications, APIs, or any related services (collectively, the "Service"), you agree to be bound by these Terms, our Privacy Policy, and any additional guidelines we may publish from time to time.
If you do not agree to these Terms, you must stop using the Service immediately and delete your account. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
We reserve the right to update these Terms at any time. We will notify you of material changes via email or an in-app notification at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
2. About BloomChats
BloomChats is a software-as-a-service (SaaS) platform that provides Instagram Direct Message automation, comment-to-DM triggers, AI-powered intent matching, visual flow builders, message template management, contact management, lead capture, analytics dashboards, and related tools for creators, businesses, and agencies. The Service operates exclusively through the official Instagram Graph API provided by Meta Platforms, Inc. and fully complies with Meta Platform Policies. BloomChats does not access your Instagram password, does not use unofficial or browser-based automation, and does not scrape any data from Instagram.
We may introduce, modify, or discontinue features at any time. Where a feature removal materially affects your use of the Service under a paid plan, we will provide at least 30 days' advance notice.
3. Eligibility
You must be at least 18 years of age to use the Service. By creating an account, you represent and warrant that you are at least 18 years old, that you have the legal capacity to enter into a binding agreement, and that you are not barred from using the Service under any applicable law. The Service is available to individuals, businesses, and agencies worldwide, subject to applicable export and sanctions laws.
4. Account Registration and Security
To use the Service, you must create an account by providing a valid email address and a strong password. You may also need to verify your email address before accessing certain features. You are solely responsible for maintaining the confidentiality of your account credentials, API keys, and any Page Access Tokens associated with your connected Instagram accounts. You must notify us immediately at contact@bloomchats.com if you suspect any unauthorized access to your account.
You are responsible for all activity that occurs under your account, whether or not authorized by you. BloomChats shall not be liable for any loss or damage arising from your failure to safeguard your account credentials. You may connect one or more Instagram Business or Creator accounts to the Service. By doing so, you represent that you are the authorized owner or administrator of each connected account and that you have the right to use the Instagram Messaging API on its behalf.
5. Plans, Pricing, and Payment
BloomChats offers multiple subscription plans: Free ($0/month), Starter ($15/month), Pro ($29/month), Business ($59/month), and Enterprise (custom pricing). The features, usage limits, and pricing for each plan are described on our Pricing page and may be updated from time to time. Paid plans are billed in advance on a monthly or annual basis. Payments are processed through Stripe and Razorpay, our third-party payment processors. By subscribing to a paid plan, you authorize us to charge your selected payment method on each billing cycle.
All prices are listed in USD. Applicable taxes, including GST (Goods and Services Tax) as per the laws of India, will be added where required. You are responsible for any taxes imposed on your subscription in your jurisdiction. If your payment fails, we will attempt to charge your payment method up to 3 times over 7 days. If payment remains unsuccessful, your account will be downgraded to the Free plan. Data exceeding Free plan limits will be preserved for 30 days, after which it may be deleted. We may change pricing with at least 30 days' advance notice. Price changes apply at the start of your next billing cycle.
6. Free Trial
BloomChats offers a 15-day free trial for any paid plan. No credit card is required to start a trial. During the trial period, you receive full access to the features of the selected plan. At the end of the trial, your account will automatically revert to the Free plan unless you subscribe to a paid plan. We do not auto-charge at the end of a trial. Each user is entitled to one trial per account.
7. Cancellation and Refunds
You may cancel your subscription at any time from your Billing settings in the dashboard. Cancellation takes effect at the end of your current billing period — you retain access to paid features until then. We do not offer prorated refunds for partial billing periods. Refunds may be granted at our sole discretion in exceptional circumstances such as billing errors or extended service outages. To request a refund, contact contact@bloomchats.com within 14 days of the charge.
8. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in compliance with these Terms, all applicable laws (including the Information Technology Act, 2000 and its rules as applicable in India), and all platform policies of Meta/Instagram. You may not: send unsolicited bulk messages or spam; distribute malware, phishing links, or any harmful or deceptive content; impersonate any person, business, or entity; scrape, harvest, or collect personal data from Instagram users without their consent; use the Service to engage in or facilitate any illegal activity including fraud or money laundering; attempt to gain unauthorized access to other users' accounts, our servers, or any related systems; reverse-engineer, decompile, or disassemble the Service; or resell, sublicense, or redistribute access to the Service without written agreement from BloomChats.
We reserve the right to investigate violations and may suspend or terminate your account without notice for material breaches of this Acceptable Use Policy.
9. Intellectual Property
The Service, including its software, design, text, graphics, logos, user interface, and documentation, is the exclusive property of BloomChats and is protected by applicable copyright, trademark, and intellectual property laws of India and international treaties. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal purposes during the term of your subscription.
You retain ownership of all content you create, upload, or transmit through the Service, including message templates, flows, and contact data. By using the Service, you grant BloomChats a limited license to process this content solely to provide and improve the Service. You may not use BloomChats's name, logos, or trademarks without prior written consent.
10. Data and Privacy
Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, store, and protect your personal information. You acknowledge that BloomChats processes Instagram user data on your behalf as a data processor. You are the data controller for your contacts' data and must ensure you have appropriate legal basis for collecting and messaging them. You are responsible for complying with all applicable data protection laws, including the Digital Personal Data Protection Act, 2023 (India), GDPR (if you have European users), and any other applicable local regulations.
11. API and Developer Terms
API access is available on applicable paid plans. Your use of the BloomChats API is subject to these Terms and any additional API documentation. API keys are confidential and must not be shared, published, or embedded in client-side code or public repositories. Rate limits apply to API usage and vary by plan. Exceeding rate limits may result in throttling or temporary suspension of API access. We may modify or discontinue API endpoints with at least 90 days' advance notice for breaking changes.
12. Third-Party Services
The Service integrates with third-party platforms including Instagram/Meta, Stripe, Razorpay, and potentially other services you connect via webhooks or APIs. Your use of these platforms is governed by their respective terms of service and privacy policies. BloomChats is not responsible for the availability, accuracy, or performance of any third-party service. If a third-party platform changes its API, policies, or availability, we may need to modify or discontinue related features.
13. Service Availability
We strive to maintain high uptime but do not guarantee uninterrupted access to the Service. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control. Where possible, we will provide at least 24 hours' notice before scheduled maintenance. Support is available via email at contact@bloomchats.com. Response times vary by plan: Free (best effort), Starter and Pro (within 24 hours), Business (within 4 hours), Enterprise (within 1 hour with dedicated account manager).
14. Limitation of Liability
To the maximum extent permitted by applicable law, including the Indian Contract Act, 1872 and the Consumer Protection Act, 2019, BloomChats and its owner, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to your use of the Service. Our total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the amount you paid to BloomChats in the 12 months preceding the event giving rise to the claim, or INR 10,000, whichever is higher.
15. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. BloomChats does not warrant that the Service will be error-free, secure, or uninterrupted, or that it will meet your specific requirements. We do not guarantee any specific results from using the Service, including message delivery rates, engagement metrics, or revenue outcomes. You use the Service at your own risk.
16. Indemnification
You agree to indemnify, defend, and hold harmless BloomChats and its owner, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, your violation of any third-party rights including intellectual property or privacy rights, or the content you create, transmit, or process through the Service.
17. Termination
You may terminate your account at any time by canceling your subscription and deleting your account from Settings. Upon termination, your right to use the Service ceases immediately. We may suspend or terminate your account at any time, with or without notice, for material violation of these Terms, conduct harmful to other users or the Service, extended inactivity exceeding 12 months on the Free plan, or as required by law. Upon termination, your data will be retained for 30 days to allow recovery, after which it will be permanently deleted in accordance with our Privacy Policy.
18. Affiliate Program
BloomChats offers an Affiliate Program that allows registered users to earn commissions by referring new paying customers. Affiliates earn 25% recurring commission on each referred customer's subscription payments for a period of 6 months from the referral's first paid subscription. Commissions are calculated on the net subscription amount excluding taxes and refunds. Each affiliate receives a unique referral link with a 60-day cookie window. Payouts are available via Stripe, Razorpay, UPI, or bank transfer depending on your region, and require a minimum balance of $50 USD or ₹500 INR.
We reserve the right to reject or withhold payouts in cases of suspected fraud or policy violations. You may not bid on BloomChats brand terms in paid advertising, create misleading content about the Service, self-refer, or engage in any fraudulent activity. You are solely responsible for reporting and paying any taxes owed on affiliate commissions in your jurisdiction.
19. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of India, including the Information Technology Act, 2000, the Indian Contract Act, 1872, and the Consumer Protection Act, 2019, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties. If negotiation fails within 30 days, the dispute shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. The seat of arbitration shall be New Delhi, India, and the language of arbitration shall be English. The courts of New Delhi, India shall have exclusive jurisdiction over any matter not subject to arbitration.
20. Grievance Officer
In accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Grievance Officer for BloomChats is Ibrahim. You may contact the Grievance Officer for any complaints, concerns, or grievances related to the Service at contact@bloomchats.com. The Grievance Officer shall acknowledge your complaint within 24 hours and resolve it within 15 days from the date of receipt, as required by applicable Indian law.
21. Miscellaneous
These Terms, together with our Privacy Policy, constitute the entire agreement between you and BloomChats regarding the Service and supersede all prior agreements. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. Our failure to enforce any provision does not constitute a waiver. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction. BloomChats is not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, internet outages, pandemics, or third-party service failures.
22. Contact Information
If you have any questions about these Terms of Service, you may contact us at contact@bloomchats.com or contact@bloomchats.com. For grievances, write to contact@bloomchats.com. Address: New Delhi, India. You may also reach us through the Contact page on our website.
