Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of the website, platform, and services provided by Saman EdTech OÜ ("Bloomin," "we," "our," or "us") at https://www.trybloomin.ai/ (the "Platform").

By accessing or using the Platform, creating an account, or clicking "I agree" (or a similar confirmation), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

If you are using the Platform on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms, and "you" refers to both you and the organisation.

Legal entity: Saman EdTech OÜ, a company registered in Estonia (registry code: 17369778), with its registered address at Harju maakond, Tallinn, Kesklinna linnaosa, J. Poska tn 14a-5 10126

2. Description of the Platform

Bloomin is a software platform that provides tools for educators, tutors, coaches, and similar service providers ("Service Providers") to manage their professional activities, including:

• Student and client management
• Session scheduling and calendar management
• Availability pages and shareable booking links
• Payment processing and invoicing
• Communication with students and clients
• Profile and business page creation

Saman is a tool that facilitates the relationship between Service Providers and their students or clients. Saman is not itself an educational institution, tutoring agency, or employer of Service Providers. The relationship between a Service Provider and their students or clients is independent of Saman.

3. Eligibility

To use the Platform, you must:

• Be at least 16 years of age, or the minimum age required in your jurisdiction to enter into a binding agreement
• Have the legal capacity to enter into these Terms
• Not have been previously suspended or removed from the Platform

If you are under the age of 18 (or the age of legal majority in your jurisdiction), you may use the Platform only with the involvement and consent of a parent, guardian, or other responsible adult.

Service Providers represent that they hold any licences, qualifications, or authorisations required to provide their services in the jurisdictions where they operate.

4. Account Registration

4.1 Creating an account

To access certain features of the Platform, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Keep your account information up to date
• Keep your login credentials confidential and secure
• Notify us promptly if you suspect any unauthorised use of your account

You are responsible for all activity that occurs under your account. Saman is not liable for any loss arising from unauthorised use of your account where you have failed to keep your credentials secure.

4.2 Google Sign-In

The Platform offers the option to register and sign in using your Google Account through Google Sign-In (Google SSO).

When you choose to authenticate via Google Sign-In, you authorise Saman to access limited profile information from your Google Account, specifically: your name, email address, and profile picture. This information is used solely to create and manage your Saman account.

By using Google Sign-In, you also agree to Google's Terms of Service and Privacy Policy. Saman's use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.

You may disconnect your Google Account from Saman at any time through your account settings, though this may affect your ability to sign in if Google Sign-In is your only authentication method.

4.3 One account per person

Each account is intended for use by a single individual. You may not share your account credentials with others or allow others to access the Platform through your account.

5. Service Provider Responsibilities

If you use the Platform as a Service Provider, you acknowledge and agree to the following:

5.1 Independent relationship

You are an independent user of the Platform. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between you and Saman. You are solely responsible for the services you provide to your students or clients.

5.2 Compliance with laws

You are responsible for complying with all applicable laws, regulations, and professional standards in connection with the services you provide, including tax obligations, consumer protection laws, and any licensing or registration requirements.

5.3 Student and client data

When you enter personal information about your students, clients, or other individuals into the Platform, you act as the data controller for that information under applicable data protection law (including the GDPR). You are responsible for:

• Ensuring you have a valid legal basis (such as consent or contractual necessity) to collect and enter that information into the Platform
• Informing your students or clients about how their information will be processed, including the use of Saman as a data processor
• Obtaining appropriate parental or guardian consent before entering personal information about children, where required by law
• Responding to data subject rights requests from your students or clients, or promptly forwarding such requests to Saman where our assistance is needed

Saman processes student and client data on your behalf as a data processor. The terms governing this processing are set out in our Data Processing Agreement, which forms part of these Terms.

5.4 Accuracy of information

You are responsible for ensuring that the information you publish on the Platform — including your profile, qualifications, services offered, availability, and pricing — is accurate, not misleading, and kept up to date.

6. Acceptable Use

You agree not to use the Platform to:

• Violate any applicable law, regulation, or third-party rights
• Post or transmit content that is defamatory, abusive, harassing, threatening, obscene, or otherwise objectionable
• Impersonate another person or entity, or misrepresent your affiliation with any person or entity
• Upload or transmit viruses, malware, or any other harmful code
• Interfere with, disrupt, or place an unreasonable burden on the Platform or its infrastructure
• Attempt to gain unauthorised access to any part of the Platform, other user accounts, or related systems
• Scrape, crawl, or use automated means to access or collect data from the Platform without our prior written consent
• Use the Platform for any purpose other than its intended use as described in these Terms
• Circumvent, disable, or interfere with any security or access-control features of the Platform
• Use the Platform to send unsolicited communications (spam) to other users

We reserve the right to investigate and take appropriate action, including suspending or terminating accounts, if we reasonably believe a user has violated these Terms.

7. Bookings and Sessions

7.1 Scheduling

The Platform allows students or clients to book sessions with Service Providers based on published availability. A booking constitutes an agreement between the student or client and the Service Provider. Saman facilitates this process but is not a party to the agreement between them.

7.2 Cancellations and rescheduling

Cancellation and rescheduling policies are set by each Service Provider. Saman is not responsible for disputes between Service Providers and their students or clients regarding cancellations, no-shows, or rescheduling.

7.3 Quality of services

Saman does not guarantee, endorse, or verify the quality, accuracy, safety, or legality of the services provided by Service Providers. Users engage with Service Providers at their own discretion and risk.

8. Payments

8.1 Payment processing

Where payment features are available on the Platform, payments are processed by third-party payment providers (such as Stripe). Saman does not directly collect or store full payment card details.

By making a payment through the Platform, you agree to the terms and conditions of the applicable payment provider in addition to these Terms.

8.2 Fees and pricing

Service Providers set their own prices for their services. Saman may charge Service Providers a platform fee, subscription fee, or transaction fee for use of certain features. Any fees charged by Saman will be clearly communicated before they are incurred.

8.3 Refunds

Refund policies for sessions or services are determined by the Service Provider. Saman may facilitate refund processing where applicable, but the Service Provider is responsible for their own refund policy. Where a dispute arises between a Service Provider and a student or client regarding a refund, Saman may assist in resolving the dispute but is not obligated to do so.

8.4 Taxes

Service Providers are solely responsible for determining and fulfilling their tax obligations, including the collection and remittance of any applicable VAT, income tax, or other taxes in connection with the services they provide.

9. Intellectual Property

9.1 Saman's intellectual property

The Platform — including its design, code, features, branding, logos, text, and graphics — is owned by or licensed to Saman EdTech OÜ and is protected by applicable intellectual property laws.

You may not copy, modify, distribute, sell, lease, or create derivative works from any part of the Platform without our prior written consent.

9.2 Your content

You retain ownership of any content you create, upload, or enter into the Platform (such as profile information, session notes, or messages) ("User Content").

By uploading or entering User Content, you grant Saman a non-exclusive, worldwide, royalty-free licence to host, store, display, reproduce, and process that content solely to the extent necessary to operate and provide the Platform. This licence terminates when you delete the content or close your account, except where retention is required for legal or operational purposes as described in our Privacy Policy.

You represent that you have the necessary rights to any content you upload and that your content does not infringe the intellectual property or other rights of any third party.

9.3 Feedback

If you provide us with suggestions, ideas, or feedback about the Platform, you agree that we may use this feedback without restriction or obligation to you.

10. Availability and Modifications

10.1 Platform availability

We aim to keep the Platform available and functioning reliably, but we do not guarantee uninterrupted or error-free operation. The Platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

10.2 Changes to the Platform

We reserve the right to modify, update, or discontinue any feature or part of the Platform at any time. Where a change materially reduces the functionality available to you, we will make reasonable efforts to notify you in advance.

11. Disclaimers

The Platform is provided on an "as is" and "as available" basis.

To the maximum extent permitted by applicable law, Saman disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the above, Bloomin does not warrant that:

• The Platform will meet your specific requirements
• The Platform will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Platform will be accurate or reliable
• Any defects in the Platform will be corrected

Nothing in these Terms excludes or limits any rights you may have under mandatory consumer protection laws in your jurisdiction, including under EU law.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

• Saman shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunity, arising from or related to your use of the Platform.
• Saman's total aggregate liability for any claim arising from or related to these Terms or the Platform shall not exceed the greater of (a) the total fees paid by you to Saman in the 12 months preceding the claim, or (b) €100.

These limitations apply regardless of the legal theory on which the claim is based (contract, tort, strict liability, or otherwise), even if Saman has been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under applicable law, including mandatory EU consumer protection rules.

13. Indemnification

You agree to indemnify, defend, and hold harmless Saman EdTech OÜ, its directors, officers, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Content you upload, create, or enter into the Platform
• The services you provide through the Platform (if you are a Service Provider)

This indemnification obligation does not apply to the extent that the claim arises from Saman's own negligence or wilful misconduct.

14. Suspension and Termination

14.1 Termination by you

You may close your account and stop using the Platform at any time by contacting us at info@trybloomin.ai or through your account settings, where available.

14.2 Suspension or termination by Saman

We may suspend or terminate your account, or restrict your access to the Platform, if we reasonably believe that:

• You have violated these Terms or any applicable law
• Your account is being used for fraudulent, abusive, or unauthorised purposes
• Continued access poses a risk to the security or integrity of the Platform or other users
• It is required by law or a lawful request from an authority

Where possible, we will provide you with notice and an explanation before or at the time of suspension or termination, unless doing so would compromise security or violate a legal obligation.

14.3 Effect of termination

Upon termination of your account:

• Your right to access and use the Platform ceases immediately
• We may retain certain information as required by law or as described in our Privacy Policy
• Provisions of these Terms that by their nature should survive termination will continue to apply, including intellectual property, limitation of liability, indemnification, and governing law

If you are a Service Provider, you remain responsible for fulfilling any outstanding obligations to your students or clients.

15. Dispute Resolution

15.1 Informal resolution

Before initiating any formal proceedings, you agree to first contact us at info@trybloomin.ai and attempt to resolve the dispute informally. We will make reasonable efforts to address your concern within 30 days.

15.2 EU Online Dispute Resolution

If you are a consumer in the European Union, you may use the European Commission's Online Dispute Resolution (ODR) platform to resolve disputes. The ODR platform is available at: https://ec.europa.eu/consumers/odr/.

Our email address for the purposes of the ODR platform is info@trybloomin.ai.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of laws principles.

Any disputes arising from or in connection with these Terms that cannot be resolved informally shall be submitted to the jurisdiction of the courts of Harju County, Estonia.

If you are a consumer resident in the European Union, you also have the right to bring proceedings in the courts of your country of residence, and nothing in this clause limits any mandatory consumer protection rights available to you under the laws of your country of residence.

17. Privacy

Your use of the Platform is also governed by our Privacy Policy, available at https://www.trybloomin.ai/privacy.

The Privacy Policy explains how we collect, use, store, and share personal information, including information received through Google Sign-In. Please review the Privacy Policy before using the Platform.

18. Third-Party Services and Links

The Platform may integrate with or contain links to third-party services, including Google Sign-In and payment processors. These third-party services are governed by their own terms and privacy policies. Saman is not responsible for the content, practices, or availability of any third-party services.

Your use of third-party services is at your own risk. We encourage you to review the applicable terms and policies before using any third-party service accessed through the Platform.

19. Communications

By creating an account, you agree to receive service-related communications from Saman, including account notifications, security alerts, booking confirmations, payment receipts, and platform updates. These communications are necessary for the operation of the Platform and are not marketing messages.

You may separately opt in to receive marketing communications. You can unsubscribe from marketing messages at any time, as described in our Privacy Policy.

20. General Provisions

20.1 Entire agreement

These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Saman regarding your use of the Platform. They supersede all prior agreements, understandings, or communications on the same subject matter.

20.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving its original intent.

20.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term is effective only if in writing and signed by Saman.

20.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Saman may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by these Terms.

20.5 Force majeure

Saman shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, strikes, government actions, internet outages, or failures of third-party services.

21. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the effective date at the top of this page
• Notify you by email or through the Platform, where appropriate

Your continued use of the Platform after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you should stop using the Platform and close your account.

22. Contact Information

If you have questions or concerns about these Terms, please contact us: