IMPORTANT NOTICE
These Terms govern a person's use of a Bloem Capture Screen and submission of a video or other content to Bloem. The Business identified on the Capture Screen will own the submitted content, and Scale Social AI receives a perpetual, irrevocable license to use it, including for product development, artificial-intelligence and machine-learning training, analytics, and marketing of Bloem and Scale Social. Under its agreement with us, the Business assumes full responsibility for the legal and ethical review and use of the content it approves, publishes, targets, distributes, or otherwise uses. Scale Social AI remains responsible for its own separate uses under its license. These Terms also permit use of the Contributor's name, image, likeness, and voice and, where Section 6.1 applies, the image, likeness, voice, statements, and other authorized attributes of the Contributor's minor child. These Terms contain an arbitration agreement and class-action waiver in Section 17.
1. ACCEPTANCE
Bloem is operated by Scale Social AI, Inc. ("Scale Social AI," "we," "us," or "our"). These Contributor Terms of Use ("Terms") apply when you scan or follow a Bloem QR code or link, view a Capture Screen, record or upload content, or otherwise submit content to Bloem.
By selecting the acceptance control and submitting content, you confirm that you have read and agree to these Terms and the Bloem Privacy Policy at joinbloem.com/privacy. If you do not agree, do not submit.
Your electronic acceptance and submission are your electronic signature. We may record the date, time, Capture Screen, version, session, and submission reference associated with your acceptance.
The business identified on the Capture Screen is the "Business." You are the "Contributor." The video, audio, image, text, or other material you record or provide is your "Submission." A version that Bloem screens and prepares for Business review is a "Story."
2. ELIGIBILITY
You must be at least 18 years old and legally able to agree to these Terms. Only an adult may use a Capture Screen, accept these Terms, and submit as the Contributor. Do not submit if you are under 18.
You submit as the adult Contributor for yourself. You may include your minor child only as Section 6.1 permits; the child is not a Contributor and may not use the Capture Screen or accept these Terms. You may not submit on behalf of another adult or represent another person as the Contributor unless we expressly provide a separate process that permits it.
3. WHAT BLOEM DOES
Bloem provides the Capture Screen, receives and screens your Submission, may make the technical and presentational changes described in Section 8, and may provide a Story to the Business for review. If the Business approves it, Bloem may deliver it to the Business for the Business's marketing, promotional, advertising, and commercial use.
If and when connected-account publishing functionality is available, and the Business connects a Meta, Google Business Profile, or other account and gives a specific publishing instruction, Bloem may technically transmit an approved Story and a related caption or disclosure provided or approved by the Business to that account. The Business decides whether, where, when, how, and to whom to use or publish it, remains the publisher and advertiser, and is responsible for the legal and ethical consequences of its use. Bloem's screening, suggestions, or technical transmission do not constitute legal or ethical approval. Scale Social AI is responsible for uses it independently initiates for its own purposes under Section 7.2.
Bloem does not require you to create an account or give us an email address or mobile number to submit. Bloem will not send you WhatsApp or SMS messages about your Submission or the Business's Offer.
We do not promise that your Submission will pass screening, become a Story, be approved, be delivered to the Business, be published, or produce any particular result. Although the Business owns the rights assigned under Section 7.1, Bloem may withhold, quarantine, reject, disqualify, disable, or delete a Submission or Story for safety, privacy, rights, legal, platform, technical, fraud-prevention, or policy reasons, and neither you nor the Business is entitled to inspect or receive every Submission or internal screening record.
4. THE BUSINESS'S OFFER AND REWARD
A Capture Screen may display an offer from the Business (the "Offer") promising an item, discount, credit, or other benefit (the "Reward") in exchange for a qualifying Submission.
4.1 The Offer Is from the Business
The Offer is made and fulfilled solely by the Business. Scale Social AI and Bloem are not the offeror, do not fund or deliver the Reward, do not hold money or value for it, and are not an escrow agent, payment intermediary, paying agent, or guarantor.
Questions or complaints about eligibility, availability, value, expiration, or fulfillment must be directed to the Business. We may forward a complaint to the Business but do not adjudicate or pay it.
4.2 The Reward Must Not Depend on Sentiment or Use
Under the Business's agreement with us, the Reward may not depend on whether your Submission is positive or negative, whether the Business approves or publishes it, how it performs, or whether you include a minor in the Submission. You should describe your genuine experience in your own words.
4.3 The Offer Is Not for a Review
An Offer on Bloem is for making a qualifying Submission, not for posting, revising, or removing a review on Google, Yelp, or another review platform. You are not required to leave a review to receive a qualifying Reward. Do not state or imply in a review that a Bloem Reward was offered for that review.
4.4 No Additional Compensation
Except for a Reward the Business promises and any separate written agreement with the Business or Scale Social AI, you will not receive payment, royalties, residuals, usage fees, or other compensation for your Submission or Story.
5. YOUR SUBMISSION
You represent and warrant that:
(a) the Submission reflects your genuine experience and statements and is not fake, scripted by the Business, misleading, or materially deceptive;
(b) you created the Submission and have the rights and permissions needed to submit it and grant the rights in these Terms;
(c) you are not presenting yourself as an ordinary customer if you are an employee, contractor, owner, officer, agent, or immediate household member of the Business;
(d) the Submission does not infringe copyright, trademark, privacy, publicity, confidentiality, contract, or another right;
(e) the Submission does not contain confidential business information, trade secrets, payment-card details, passwords, health information, government identifiers, or other highly sensitive information;
(f) the Submission complies with law and does not contain unlawful, defamatory, obscene, hateful, harassing, threatening, fraudulent, or dangerous material; and
(g) you will not use the Capture Screen to upload malicious code, interfere with Bloem, impersonate another person, or attempt unauthorized access.
6. OTHER PEOPLE AND THIRD-PARTY MATERIAL
6.1 Other Adults and Your Minor Children
Avoid recording another identifiable adult unless that person understands the intended marketing use. If your Submission includes another identifiable adult, you represent and warrant that you have told the person about the intended use and obtained all permissions and releases necessary for the rights granted in these Terms.
You may include your minor child if you are the child's parent or legal guardian and have legal authority to grant the rights and permissions described in these Terms for that child. By submitting, to the fullest extent permitted by law, you consent to the processing and use of the child's image, likeness, appearance, voice, statements, actions, and biographical information contained in or associated with the Submission or Story and grant on the child's behalf the permissions described in Section 7.3 for the purposes permitted by Sections 7.1 and 7.2. You represent and warrant that no known custody order, agreement, or other restriction prevents you from granting those permissions.
Do not include a minor for whom you are not a parent or legal guardian unless we expressly provide another process that permits it. A minor may not use a Capture Screen, accept these Terms, or submit as the Contributor, and an Offer or Reward may not depend on including a minor. If applicable law requires an additional consent, authorization, approval, or other condition for a particular use involving a minor, these Terms do not eliminate that requirement. We may reject, remove, obscure, mute, crop, limit, or disqualify content if parental or guardian authority is missing or doubtful or if use creates legal, privacy, safety, platform, or rights risk.
6.2 Music, Artwork, Logos, and Other Material
Do not intentionally include music, television, artwork, photographs, private documents, third-party logos, or other material you do not have the right to include. We may mute, remove, blur, crop, replace, or reject third-party material, but that does not relieve you of your responsibility.
7. OWNERSHIP, LICENSE, METADATA, AND PUBLICITY RIGHTS
7.1 Assignment of Captured Content to the Business
In consideration for access to the Capture Screen, the opportunity to participate in the Business's Offer, and other good and valuable consideration, you hereby irrevocably assign, transfer, and convey to the Business identified on the Capture Screen all right, title, and interest you now have or later acquire in and to the Submission, and all rights you own in any Story or other version derived from it, including all copyrights and other assignable intellectual-property rights, throughout the world, for the full duration of those rights and any renewals or extensions. The assignment is effective when you submit and does not depend on screening, approval, publication, or payment of a Reward. Scale Social AI separately assigns to the Business any copyright or other assignable right Scale Social AI acquires in Bloem-created edits or versions, as provided in its agreement with the Business.
To the extent a right cannot legally be assigned, you grant the Business a perpetual, irrevocable, worldwide, fully paid, royalty-free, transferable, and sublicensable license to exercise that right for the Business's marketing, promotional, advertising, and commercial purposes, including to reproduce, edit, adapt, create derivative works, distribute, publish, publicly display, publicly perform, advertise, promote, and otherwise use the Submission and Story in any media or format now known or later developed. As against you, that fallback license is exclusive except for the rights you grant to Scale Social AI in Sections 7.2 through 7.4.
Scale Social AI is authorized to document and administer this assignment and fallback license. The Business is an intended third-party beneficiary of this Section and may enforce it directly. Ownership and the fallback license do not require Bloem or Scale Social AI to show, deliver, preserve, or export every Submission, rejected or disqualified version, or internal screening record. Bloem may quarantine, withhold, disable, or delete content for safety, privacy, rights-management, data-minimization, legal, platform, technical, security, fraud-prevention, or policy reasons. Those operational actions do not transfer ownership back to you or create a right to obtain a copy.
Ownership and the fallback license do not authorize unlawful or unrestricted use. Under the Business's agreement with Scale Social AI, the Business must independently review and assume responsibility for the legality and ethics of its use, including accuracy, claims, disclosures, context, targeting, audience, platform rules, consent and use limitations, and avoiding misleading, discriminatory, harassing, exploitative, or reasonably foreseeable harmful uses. Scale Social AI does not approve or control every Business use.
To the extent permitted by law, you waive and agree not to assert moral rights, rights of attribution or integrity, droit moral, or similar rights against the Business, Scale Social AI, or their permitted licensees. If a waiver is not effective, you agree not to exercise those rights in a way that interferes with uses authorized by these Terms.
7.2 Perpetual License to Scale Social AI
Separate from the Business's ownership, you grant Scale Social AI, its affiliates, successors, assigns, licensees acting for the permitted purposes, service providers, and contractors a non-exclusive, worldwide, perpetual, fully paid-up, royalty-free, transferable, and sublicensable license to host, store, reproduce, copy, edit, modify, adapt, translate, transcribe, caption, create derivative works from, distribute, transmit, publish, publicly display, publicly perform, market, advertise, promote, commercialize, and otherwise use the Submission and Story in any media or format now known or later developed. To the fullest extent permitted by law, this license is irrevocable.
Scale Social AI may exercise this license for any lawful business purpose, including to:
provide, operate, secure, support, and administer Bloem and other Scale Social products and services;
screen, curate, edit, prepare, rights-manage, deliver, and publish content;
research, design, develop, test, train, fine-tune, evaluate, validate, and improve artificial-intelligence and machine-learning models, algorithms, classifiers, recommendation systems, and related products and services, including through service providers;
create analytics, benchmarks, quality systems, taxonomies, demonstrations, and generalized learnings;
advertise, market, demonstrate, and promote Bloem, Scale Social AI, their affiliates, and their products and services, including on websites, social media, paid advertising, sales materials, presentations, demos, portfolios, and case studies; and
comply with law, enforce agreements, maintain rights records, and establish, exercise, or defend legal claims.
Scale Social AI will not sell, rent, or license your Business-specific Submission or Story to an unrelated third party as a standalone content asset, whether the content is raw, edited, captioned, transcribed, reformatted, or otherwise prepared. This does not prevent Scale Social AI from providing the content to affiliates, successors, contractors, service providers, advertising or distribution platforms, or other recipients acting for the permitted purposes; publicly using it in Scale Social AI's own permitted marketing and demonstrations; or commercializing models, systems, analytics, benchmarks, generalized learnings, and outputs that do not expose a readily retrievable copy of your Business-specific Submission or Story.
Scale Social AI may use and commercialize models, systems, analytics, and outputs developed through these permitted uses without accounting to you or the Business and without additional notice or compensation.
7.3 Name, Image, Likeness, Voice, and Statements
You grant the Business, Scale Social AI, and each of their affiliates, successors, assigns, licensees, service providers, and contractors a worldwide, perpetual, transferable, sublicensable, fully paid-up, royalty-free right and license to use your name if provided, image, likeness, appearance, voice, statements, actions, and biographical information contained in or associated with the Submission or Story for the purposes permitted by Sections 7.1 and 7.2. For each minor child you validly include under Section 6.1, you also grant on the child's behalf, to the fullest extent permitted by law and subject to any additional authorization applicable law requires, the same rights in the child's name if provided, image, likeness, appearance, voice, statements, actions, and biographical information contained in or associated with the Submission or Story. To the fullest extent permitted by law, these rights are irrevocable.
To the fullest extent permitted by law, you waive for yourself and, where you have legal authority, on behalf of a minor child validly included under Section 6.1 any right to inspect or approve a Story, caption, layout, placement, model-training use, advertising use, or other finished use, subject to the limits in Section 8 and the request process in Section 10.
7.4 Bloem Metadata
"Bloem Metadata" means data and metadata generated, collected, inferred, or created by or through Bloem in connection with capture, ingestion, screening, curation, editing, rights management, approval, delivery, publishing, measurement, and use. It includes technical and file metadata, Capture Screen and session identifiers, consent and rights records, tags, labels, annotations, quality and compliance scores and flags, curation decisions, workflow events, content identifiers, and derived features and analytics. It does not include the Submission or Story itself or raw data a third-party platform provides through a Business's connected account.
As between you and Scale Social AI, and to the extent capable of ownership, Scale Social AI owns Bloem Metadata. You assign to Scale Social AI any right you may have in Bloem Metadata and grant Scale Social AI a worldwide, perpetual, transferable, sublicensable, fully paid-up, royalty-free fallback license to use it for any lawful purpose, including product development, artificial-intelligence and machine-learning training and evaluation, analytics, benchmarking, quality control, rights management, research, security, fraud prevention, and marketing. To the fullest extent permitted by law, this fallback license is irrevocable. This ownership and license do not override privacy rights or applicable law.
7.5 No Obligation to Use; No Confidentiality
Scale Social AI and the Business may choose not to use the Submission or Story. Bloem may remove, disable, or stop making content available through the service at any time; that action does not require the Business to delete a copy it lawfully holds unless a restriction under Section 10 or applicable law requires it. Submission does not create a confidential, fiduciary, employment, partnership, agency, or other special relationship. Do not submit information you expect us or the Business to keep confidential.
7.6 Release
To the fullest extent permitted by law, you release Scale Social AI, the Business, and each of their affiliates, licensees, officers, directors, employees, agents, contractors, successors, and assigns from claims arising from uses authorized by these Terms, including claims based on copyright, moral rights, privacy, publicity, portrayal, editing, artificial-intelligence or machine-learning use, advertising, or compensation. To the extent you have legal authority to do so, this release also applies on behalf of a minor child validly included under Section 6.1.
This release does not waive a claim that cannot legally be waived and does not authorize a use outside these Terms, an unlawful use, or a use that violates a legally required restriction communicated under Section 10. The Business remains responsible to Scale Social AI for its legal and ethical use obligations, and Scale Social AI remains responsible for its own separate uses under Section 7.2.
8. SCREENING, EDITING, PRODUCT DEVELOPMENT, AND ARTIFICIAL INTELLIGENCE
We may use people, software, artificial intelligence, machine learning, and other automated tools to screen, organize, process, prepare, analyze, and use your Submission and Story. In addition to using automated tools to produce a Story, Scale Social AI may use the Submission and Story as data to research, design, develop, test, train, fine-tune, evaluate, validate, and improve artificial-intelligence and machine-learning models, algorithms, classifiers, recommendation systems, and related products and services, including through contracted service providers.
We may:
assess technical quality, clarity, relevance, apparent authenticity, and suitability;
identify possible rights, privacy, safety, or policy concerns;
improve brightness, contrast, color, sharpness, stability, and audio levels;
reduce or remove background noise, music, or incidental audio;
shorten the Submission or select a portion;
crop or reframe it;
add accurate captions or a transcript of words spoken in the Submission;
blur or remove an unconsenting person, identifying detail, personal information, or third-party logo;
add a disclosure or other element required for compliance; and
create tags, labels, scores, annotations, embeddings that are not used as biometric identifiers, generalized features, and other Bloem Metadata for the purposes described in these Terms.
We will not intentionally add words that you or an authorized minor child did not say, materially change the meaning of what either of you said or did, generate a synthetic face or voice presented as either of you, or make it appear that either of you endorsed something you did not endorse.
Automated outputs can be inaccurate. We and the Business may reject or correct a Story if a problem is identified.
We do not use a face or voice in Captured Content, including yours or an authorized minor child's, to identify or verify a person and do not create or retain, or direct a service provider acting for us to create or retain, a face-geometry template, facial-recognition template, voiceprint, speaker signature, identity embedding, or other biometric identifier for identification or authentication. A model trained or evaluated using content may retain model parameters and generalized learnings that do not contain a readily retrievable copy of the Submission. It may not be technically feasible to identify or remove the effect of one Submission from a trained model, and we do not promise model retraining or unlearning except where applicable law requires it.
9. SCREENING, REJECTION, AND WITHDRAWAL
We may accept, reject, screen out, edit, suspend, remove, or disqualify a Submission or Story at any time, including if we believe:
it violates these Terms or law;
required rights or permissions are missing or doubtful;
it includes a minor for whom required parent or legal guardian authority or permission is missing or doubtful, or another unconsenting person;
third-party material cannot reasonably be removed;
it is fake, misleading, unsafe, inappropriate, or unsuitable for business use; or
continued use creates legal, privacy, security, reputational, or platform risk.
We do not owe compensation or a substitute Reward because we reject or remove content. The Business remains responsible for any Reward earned under the Offer's stated participation terms.
10. CONTENT-USE RESTRICTION REQUESTS
10.1 How to Make a Request
You may ask us to review future use of your Story, including future public or commercial use, by emailing support@joinbloem.com with "Content Use Request" in the subject line. Include the submission reference shown after you submitted. If you do not have it, include the Business, approximate submission date, and a description or screenshot that may help us locate it.
Because Bloem generally does not collect your contact details when you submit, we may be unable to identify the Submission without enough information.
10.2 Response Commitment
We will provide an initial substantive response by the end of the second Business Day after receiving a request that contains enough information for us to begin reviewing it. A "Business Day" is Monday through Friday, excluding a day when banks in North Carolina are authorized or required by law to close.
An automated acknowledgment is not a substantive response. Our response may request information or provide status and next steps. The commitment is a response-time commitment, not a guaranteed resolution time.
10.3 Effect of a Request
The assignment to the Business and the license to Scale Social AI are perpetual. To the fullest extent permitted by law, they are irrevocable. A request does not automatically revoke them. We will review the request under applicable law, these Terms, the circumstances of the Submission, and our policies.
If applicable law requires a restriction, or if we agree in writing to honor the request, we will stop the specified future public-facing, promotional, advertising, commercial, or other uses of the identified Story covered by the restriction and notify the Business. The Business is contractually required to stop the affected use and remove copies it controls within five (5) Business Days after notice.
After a restriction takes effect, Scale Social AI will not intentionally place, or direct a service provider acting for it to place, the identified source media into a new artificial-intelligence or machine-learning training or evaluation dataset. Unless applicable law expressly requires otherwise, the restriction does not require Scale Social AI or the Business to reverse completed uses, recall distributed materials, delete rights or consent records, retrain or unlearn a model, delete model parameters or weights, delete embeddings that do not permit retrieval of the source media, or delete generalized learnings, de-identified or aggregated data, or Bloem Metadata. Scale Social AI may retain the Submission and Story for security, fraud prevention, rights management, legal compliance, backups, and establishing or defending claims.
10.4 Limits
We cannot guarantee removal or restriction of:
copies, reposts, screenshots, downloads, printed material, or archives outside our or the Business's control;
uses completed before a restriction took effect;
model parameters, generalized learnings, analytics, or systems developed through permitted training or evaluation;
information retained for legal, security, rights-management, fraud-prevention, or dispute purposes;
content incorporated into a use that applicable law does not require to be recalled; or
a Submission we cannot reasonably identify.
11. PRIVACY
The Bloem Privacy Policy explains what information we collect, how we use and disclose it, retention, automated processing, security, and your privacy rights. It is available at joinbloem.com/privacy.
A Submission commonly includes your face and voice and, if Section 6.1 applies, may include your minor child's face or voice. We process them as part of the content, not to identify or authenticate a person. Do not submit highly sensitive information.
12. BLOEM PLATFORM AND ACCEPTABLE USE
We own Bloem, the Capture Screen, software, interface, designs, text, logos, templates, documentation, Bloem Metadata, and related intellectual-property rights. The Business owns the Submission and Story as Section 7.1 provides, subject to third-party rights and the licenses and restrictions in these Terms.
We grant you a limited, revocable, non-exclusive, non-transferable right to use a Capture Screen only to make a lawful Submission under these Terms. You may not:
copy, scrape, reverse engineer, interfere with, or attempt unauthorized access to Bloem;
use automated means to submit or test the service without permission;
upload malicious code or excessive data;
impersonate another person or misrepresent your experience;
use Bloem to build a competing service; or
use a Capture Screen for any unlawful, fraudulent, abusive, or unrelated purpose.
We may block access or preserve information where reasonably necessary to enforce these Terms, protect security, or comply with law.
13. INTELLECTUAL-PROPERTY AND OTHER RIGHTS COMPLAINTS
If you believe a Submission or Story infringes your copyright or another intellectual-property right, email support@joinbloem.com with:
identification of the protected work or right;
identification of the material and enough information to locate it;
your name, address, telephone number, and email address;
a statement that you have a good-faith belief the use is not authorized by the owner, agent, or law;
a statement under penalty of perjury that the information is accurate and that you are authorized to act; and
your physical or electronic signature.
We may remove or restrict material while investigating and may provide the notice to the person who submitted the material where appropriate.
14. THIRD-PARTY SERVICES AND LINKS
A Capture Screen may reference or link to the Business, a payment or loyalty system, WhatsApp, social networks, or another third-party service. Their terms and privacy practices apply to their services. We do not control and are not responsible for their independent actions.
15. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOEM, THE CAPTURE SCREEN, THE OFFER INFORMATION WE DISPLAY, AND ANY RELATED SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT BLOEM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT A SUBMISSION WILL BE ACCEPTED, APPROVED, OR USED; THAT THE BUSINESS WILL PUBLISH A STORY; OR THAT THE BUSINESS WILL FULFILL AN OFFER. THE BUSINESS, NOT BLOEM, IS RESPONSIBLE FOR THE OFFER AND REWARD AND FOR THE LEGAL AND ETHICAL REVIEW, CONTEXT, TARGETING, PUBLICATION, AND OTHER USES THE BUSINESS CHOOSES. BLOEM SCREENING OR TECHNICAL PUBLISHING IS NOT LEGAL OR ETHICAL APPROVAL. SCALE SOCIAL AI REMAINS RESPONSIBLE FOR ITS OWN SEPARATE USES UNDER SECTION 7.2.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS. IN THOSE JURISDICTIONS, THEY APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED.
16. LIMITATION OF LIABILITY AND INDEMNIFICATION
16.1 Excluded Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCALE SOCIAL AI, THE BUSINESS, AND THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, VENDORS, LICENSEES, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OPPORTUNITY, GOODWILL, OR DATA, ARISING FROM OR RELATING TO BLOEM, AN OFFER, A SUBMISSION, A STORY, OR THESE TERMS.
16.2 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF SCALE SOCIAL AI, THE BUSINESS, AND THE PROTECTED PERSONS LISTED IN SECTION 16.1, COLLECTIVELY, ARISING FROM OR RELATING TO BLOEM, YOUR SUBMISSION, OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
The limitations do not apply to liability that cannot legally be limited. They apply even if a remedy fails of its essential purpose.
16.3 Your Indemnification
To the extent permitted by law, you will defend and indemnify Scale Social AI, the Business, and each of their affiliates, officers, directors, employees, agents, contractors, vendors, licensees, successors, and assigns against third-party claims and resulting losses, including reasonable attorneys' fees and response costs, arising from:
your Submission;
your breach of these Terms or a representation you make;
your violation of law or another person's rights;
the inclusion of an unconsenting person, a minor for whom you lacked required parent or legal guardian authority, or third-party material; or
your misuse of a Capture Screen.
The protected party will give reasonable notice and cooperation. You may not settle a claim in a way that admits the protected party's fault or imposes an obligation on it without its written consent.
17. DISPUTE RESOLUTION, ARBITRATION, AND CLASS WAIVER
17.1 Informal Resolution
Before starting arbitration or court proceedings, except for a small-claims case or urgent equitable relief, the complaining party must send written notice describing the dispute and requested relief. Send notice to support@joinbloem.com and Scale Social AI, Inc., 4801 Glenwood Ave, Suite 500, Raleigh, NC 27612. The parties will try in good faith to resolve the dispute for thirty (30) days.
17.2 Binding Consumer Arbitration
Except for matters in Sections 17.3 and 17.6, an unresolved dispute arising from or relating to these Terms, a Capture Screen, a Submission, or a Story will be resolved by individual binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and Consumer Due Process Protocol then in effect.
The arbitrator may award the same individual remedies a court could award. Hearings will ordinarily be conducted by video, telephone, documents, or in the county where you live, unless the parties agree otherwise or the arbitrator determines another arrangement is required. Fees will be allocated under the AAA Consumer Fee Schedule and applicable law. We will pay amounts the rules require a business to pay.
17.3 Small Claims
Either party may bring an individual claim in small claims court if it qualifies.
17.4 Class Action Waiver
YOU AND SCALE SOCIAL AI AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT COMBINE CLAIMS OF DIFFERENT PEOPLE WITHOUT ALL PARTIES' CONSENT.
If a court determines that a particular claim cannot be subject to this waiver, that claim will be severed and proceed in court after the arbitrable claims are completed.
17.5 Jury-Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES A JURY TRIAL FOR A DISPUTE THAT PROCEEDS IN COURT.
17.6 Equitable Relief
Either party may seek temporary or preliminary equitable relief in a court with jurisdiction to protect intellectual property, privacy, security, confidential information, or against irreparable harm, without waiving arbitration of the underlying dispute.
17.7 Arbitration Opt-Out
You may opt out of Sections 17.2, 17.4, and 17.5 by sending a written opt-out within thirty (30) days after the date you first accept these Terms. Email support@joinbloem.com with "Arbitration Opt-Out" in the subject line and include your name, the Business, submission date, submission reference, and an unequivocal statement that you opt out of arbitration. Opting out does not affect your Submission or eligibility for a Reward.
17.8 Governing Law and Venue
North Carolina law governs, without regard to conflicts rules, except that nonwaivable law of your state of residence applies where required. For a dispute not subject to arbitration or small claims, the parties consent to state or federal courts in Wake County, North Carolina, unless applicable law requires another venue.
17.9 Time Limit
Except where law requires a longer period, a claim must be brought within two (2) years after it accrues.
18. CHANGES TO THESE TERMS
We may update these Terms for future Submissions. The version you accept when submitting governs that Submission unless you later agree to an update. We will display the current version date and provide additional notice where required. Prior versions are available on request.
19. GENERAL TERMS
These Terms and the Privacy Policy are the complete agreement between you and us regarding a Capture Screen and Submission. The Business is an intended third-party beneficiary of Sections 7, 10, 15, and 16 to the extent those Sections grant or protect rights of the Business, including the release, excluded-damages provision, liability cap, and indemnity. The Business is not a party to, and may not enforce, the arbitration agreement in Section 17 unless you and the Business separately agree otherwise.
If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder remains effective. Failure to enforce is not a waiver. We may assign these Terms to an affiliate or successor; you may not assign them. Headings are for convenience. "Including" means "including without limitation."
20. CONTACT
Scale Social AI, Inc. 4801 Glenwood Ave, Suite 500 Raleigh, NC 27612 support@joinbloem.com