1. Agreement
These Terms of Service (“Terms”) are a legal agreement between you and Outdated Digital LLC, a Wyoming limited liability company with its address at 30 N Gould St Ste R, Sheridan, WY 82801, USA, which operates Bloomtack (“Outdated Digital LLC”, “Bloomtack”, “we”, “us” or “our”). They govern your use of the Bloomtack website at bloomtack.com, the Bloomtack web application, the Bloomtack WordPress plugin and any related services (together, the “Service”).
By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a business or client, you confirm that you have authority to bind that business or client to these Terms, and “you” includes them. If you don’t agree, don’t use the Service.
2. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Service. The Service is intended for business and professional use by bloggers, publishers, and the people and agencies who work for them.
3. Your account
- Give us accurate information when you sign up and keep it up to date.
- Keep your sign-in credentials secure. You are responsible for all activity under your account, including activity by team members or clients you invite.
- Tell us promptly at hello@bloomtack.com if you believe your account has been accessed without your permission.
4. The Service and early access
Bloomtack helps you import blog posts, generate branded pin designs, draft pin titles and descriptions, test pin styles, and publish pins to your Pinterest account at scheduled times. Features and limits depend on your plan.
We are continually improving the Service and may add, change or remove features. If we remove a feature that is central to a paid plan, we will give you reasonable notice. Features we label as “beta”, “preview” or “early access” are provided as-is, may change or be withdrawn, and may be less reliable than the rest of the Service. Joining the waitlist does not create an obligation for either of us.
5. Pinterest and third-party services
The Service connects to Pinterest through the official Pinterest API, using permission you grant through Pinterest’s OAuth screen. Bloomtack is not affiliated with, endorsed by or sponsored by Pinterest, Inc.
- Your Pinterest obligations. You must have a Pinterest account in good standing and comply with Pinterest’s Terms of Service, Community Guidelines and any other Pinterest policies that apply to you. You are responsible for the pins published from your account, including pins created with the Service.
- You control what’s published. The Service publishes pins that you have reviewed and approved, at the times it schedules for them. You can edit, pause or remove scheduled pins at any time before they are published.
- Pinterest controls its platform. Pinterest may change its API, rate limits, policies or features, or limit, suspend or remove content or accounts at its discretion. We are not responsible for Pinterest’s decisions or for any loss of reach, content or account access resulting from them. If Pinterest changes or restricts API access, we may need to change or suspend related features.
- Other third-party services. The Service may work with other third-party services, such as WordPress, stock image providers and AI providers. Your use of those services is governed by their own terms, and we are not responsible for them.
6. Your content
“Your Content” means everything you or your blog provide to the Service (posts, images, logos, fonts, brand details, keywords and settings) and the pin designs and text the Service produces for you.
- You own Your Content. We don’t claim ownership of it.
- License to us. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, adapt (for example, to lay out your text and images in pin designs), display and publish Your Content, only as needed to provide and improve the Service for you and as you direct, including publishing approved pins to your Pinterest account. This license ends when Your Content is deleted from the Service, except for pins already published at your direction.
- Your rights. You confirm that you own or have the necessary rights to Your Content, including any images, logos and fonts you upload, and that publishing it through the Service will not infringe anyone’s rights or break any law or Pinterest policy.
- Removal. We may remove or refuse to process content that we reasonably believe violates these Terms or the law.
7. AI-generated content
The Service uses AI models to draft pin titles, descriptions and other text. AI output can be inaccurate, incomplete or similar to output generated for other users. You are responsible for reviewing all generated content before approving it, and for making sure it is accurate, appropriate and compliant with laws and Pinterest’s policies, including any required disclosures for affiliate or sponsored content.
As between you and us, and to the extent we have any rights in the output generated for you, we assign those rights to you.
8. Acceptable use
You agree not to use the Service to:
- publish spam, or pins that are misleading, deceptive, or link to content that doesn’t match the pin;
- link to sites you don’t own or aren’t authorized to promote, or to malware, phishing or other harmful content;
- publish content that is illegal, infringes intellectual property or privacy rights, is sexually explicit, hateful, harassing or violent, or otherwise violates Pinterest’s Community Guidelines;
- violate Pinterest’s terms or policies, or try to get around Pinterest’s rate limits or restrictions;
- access accounts, boards or data that you’re not authorized to access;
- scrape, copy, reverse engineer or decompile the Service, except where the law expressly allows it;
- interfere with or disrupt the Service, probe or test its security without our written permission, or overload our infrastructure;
- resell, sublicense or provide the Service to third parties, except as your plan expressly allows (for example, agency plans); or
- use the Service to build a competing product.
9. Plans, fees and payment
- Fees. Paid plans are billed in advance, monthly or yearly, at the prices shown when you subscribe. Prices exclude taxes unless stated otherwise, and you are responsible for applicable taxes.
- Renewal and cancellation. Subscriptions renew automatically at the end of each billing period until canceled. You can cancel at any time in your account settings; cancellation takes effect at the end of the current billing period, and you keep access until then.
- Free trials. If we offer a free trial, we’ll tell you when it ends. If a payment method is required for the trial, your paid plan starts automatically at the end of the trial unless you cancel before it ends.
- Price changes. We’ll give you at least 30 days’ notice of any price change, which will take effect at your next renewal. If you don’t agree, you can cancel before then.
- Refunds. Except where required by law or stated at the time of purchase, fees are non-refundable, and we don’t provide refunds or credits for partial billing periods or unused features.
- Marketplace purchases. If you buy access through a third-party marketplace, such as AppSumo, that marketplace’s purchase and refund terms apply to the purchase, and these Terms apply to your use of the Service.
- Late payment. If a payment fails, we may suspend paid features after giving you notice and a reasonable chance to update your payment details.
10. Our intellectual property
The Service, including its software, pin templates, design system, trademarks and documentation, is owned by us or our licensors and is protected by intellectual property laws. Subject to these Terms, we give you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription. Pins generated for you from our templates are yours to publish and keep on Pinterest, but the templates themselves remain ours.
If you send us feedback or suggestions, we may use them without any obligation to you.
11. Privacy
Our Privacy Policy explains how we collect and use personal data, including the Pinterest data we access. If you use the Service to process personal data on behalf of your clients, you are responsible for having a lawful basis to do so. A data processing agreement is available on request at hello@bloomtack.com.
12. Suspension and termination
- By you. You can stop using the Service and delete your account at any time in your settings.
- By us. We may suspend or terminate your access if you materially breach these Terms, fail to pay, create a risk to the Service, other users or Pinterest, or if we are required to by law. Where reasonable, we’ll give you notice first and a chance to fix the problem. We may also discontinue the Service entirely with at least 30 days’ notice, and will refund any prepaid fees for the unused period.
- Effect. When your account ends, your right to use the Service ends, scheduled pins are canceled, and we delete your data as described in our Privacy Policy. Pins already published remain on your Pinterest account.
- Survival. Sections 6 (as to published pins), 7, 9 (for amounts owed), 10 and 13 to 18 survive termination.
13. Disclaimers
The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We don’t guarantee any particular results, including traffic, impressions, clicks, saves, followers, revenue or search rankings. We don’t guarantee that the Service will be uninterrupted or error-free, that pins will be published at an exact time, or that Pinterest will accept, distribute or keep any pin or account.
14. Limitation of liability
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, traffic, data or goodwill, even if advised of the possibility of such damages. Our total liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) US $100.
These limits do not apply to liability that cannot be limited by law, or to your obligations under section 15 or to pay fees owed.
15. Indemnification
You will defend, indemnify and hold harmless Bloomtack and its members, officers, employees and contractors from any third-party claims, damages, losses and expenses (including reasonable attorneys’ fees) arising from Your Content, your use of the Service, your violation of these Terms, or your violation of any law or third-party rights, including Pinterest’s terms and policies.
16. Governing law and disputes
These Terms are governed by the laws of the State of Wyoming and by applicable United States federal law, without regard to conflict of law rules. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other and negotiating in good faith for at least 30 days. If the dispute isn’t resolved, it will be decided exclusively by the state or federal courts located in the State of Wyoming, and both parties consent to their jurisdiction. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Nothing in these Terms limits any rights you have under consumer protection laws that cannot be waived by contract.
17. Changes to these terms
We may update these Terms from time to time. We’ll post the updated Terms on this page and change the effective date. If a change is material, we’ll notify account holders by email at least 14 days before it takes effect. By continuing to use the Service after the changes take effect, you accept the updated Terms.
18. General
- Entire agreement. These Terms, together with the Privacy Policy and any order or plan terms you accept, are the entire agreement between you and us about the Service.
- Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets, with notice to you.
- Severability and waiver. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages or changes at Pinterest or other third-party providers.
- Notices. We’ll send notices to the email address on your account. You can send notices to hello@bloomtack.com.
- Relationship. The parties are independent contractors. These Terms don’t create a partnership, joint venture or agency relationship.
19. Contact
Questions about these Terms? Contact:
Outdated Digital LLC (operator of Bloomtack)30 N Gould St Ste R
Sheridan, WY 82801
USA
Email: hello@bloomtack.com