Terms · May 25, 2026
Terms of service.
These Terms of Service (“Terms”) form a legally binding agreement between you and Bloomsee Studio LLC, a Delaware limited liability company (“Bloomsee”, “we”, “us”, “our”), for your use of bloomsee.app and the Bloomsee Studio service (together, the “Service”). By creating an account, starting a trial, or using the Service, you accept these Terms, the Privacy Notice, the Refund & Cancellation Policy, and the Acceptable Use rules in section 8. If you do not accept them, do not use the Service.
Two things to read carefully. Section 16 requires that disputes be resolved by individual binding arbitration and waives your right to participate in a class action; section 15 caps our financial liability to you. Read them now.
1. Who may use the Service
You may use the Service only if you (a) are an individual aged 18 or older; (b) reside in the United States or in Canada outside of Quebec; (c) can form a binding contract with Bloomsee under applicable law; and (d) are not barred from using the Service under United States, Canadian, or other applicable law. The Service is for personal use. You may not use it to operate a business that resells the Service or competes with it.
2. Your account
We authenticate you with single-use sign-in links sent to your email. You are responsible for keeping access to your email secure; anyone with access to your inbox can sign in as you. Tell us at support@bloomsee.app immediately if you believe your email has been compromised. You may not share an account, transfer an account, or sign up multiple accounts to circumvent allowance, trial, or enforcement.
3. The subscription
What you get. Bloomsee Studio is a paid subscription. Your monthly allowance is 30 final photographs (“finals”) per billing period at the “Studio” tier, at the price of US$19 per month. New styles are added to the catalog on an ongoing basis.
Trial. A 3-day card-on-file trial includes 5 trial finals. Unless you cancel before the end of the trial, your card will be charged US$19 on the day after the trial ends and you will become a recurring monthly Studio subscriber. Cancel from /account or the Stripe Customer Portal at any time during the trial to avoid the charge; trial cancellation takes effect immediately and no charge is made.
Auto-renewal. Once you are a paid subscriber, your subscription renews automatically each month at US$19 until you cancel. You may cancel at any time, with effect at the end of the then-current billing period. Stripe will email you a receipt after each successful charge as part of its standard processing. If we materially change the price or auto-renewal terms, we will notify you by email at least 30 days in advance and you may cancel before the change takes effect.
Allowance accounting. The 30-final allowance resets at the start of each billing period. Unused finals do not carry over. A final is consumed when the Service reserves capacity to generate it. When a shoot fails to deliver enough usable finals — specifically, when fewer than 70% pass our automated quality check or the generation times out — we automatically credit the failed finals back to your allowance under section 4. Per-frame failures within a shoot that nonetheless meets the 70% threshold are absorbed by the shoot and not separately credited. Refused, blocked, or rejected outputs that are attributable to your inputs (for example, low-quality reference photographs or prompts that violate section 8) are not credited.
Payment processor and recurring-charge authorization. Subscriptions are billed through Stripe. By starting your trial you authorize Bloomsee, through Stripe, to charge the payment method on file US$19 per month in U.S. dollars beginning the day after the trial ends, on the same calendar day each subsequent month, until you cancel. By subscribing, you also agree to Stripe’s terms of service. Card details are collected and stored by Stripe; Bloomsee receives only payment metadata sufficient to recognise and account for your subscription.
Failed renewal payments. If a renewal charge fails (for example, an expired card or insufficient funds), Stripe will automatically retry the charge over the following several days. After repeated retries fail your access to the Service is suspended; after 14 days of unresolved nonpayment your subscription is canceled and the reactivation window in the “Cancellation and reactivation” paragraph below begins to run. You can resolve a failed renewal at any time by updating your payment method through the Stripe Customer Portal linked from your account page.
Cancellation and reactivation. Cancel from /account or the Stripe Customer Portal — one click, no retention sequence, no obligation to speak with anyone. Cancellation stops future charges; access to the Service continues through the end of the paid period. Unused finals in the period you cancel are forfeit at period end and are not refunded — see the Refund & Cancellation Policy, section 4. If you re-subscribe within 60 days of cancellation we will restore your Studio Profile. After the 60-day reactivation window closes you may delete your Studio Profile and reference photograph from /account at any time; until you do, the data is retained in the same encrypted-and-isolated posture described in the Privacy Notice.
4. Refunds and quality credits
Our complete refund terms are in the Refund & Cancellation Policy, which is part of these Terms. In summary: a one-time good-faith refund window of 7 days from your first paid charge, requested by email and granted at our discretion; quality failures below 70% of the requested finals on a single shoot trigger an automatic allowance credit (not a card refund); a wall-clock generation timeout triggers the same; trial cancellation triggers no charge; mid-period cancellation does not refund unused finals.
5. Biometric data and BIPA consent
Before we collect any biometric identifier from you, we present a written consent notice at /onboarding/avatar describing what we collect, why, how long we keep it, and how to revoke. Your affirmation of that notice is a written release within the meaning of 740 ILCS 14/15(b)(3). The Privacy Notice (sections 4 and 7) describes our retention schedule, encryption posture, and destruction guarantee. By using the Service you re-affirm that consent and the truth of your representations under it.
6. Your content; license to operate the Service
Your reference photograph and any other content you submit (“Your Content”) remain yours. You grant Bloomsee a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, process, transmit, and display Your Content solely to operate the Service for you: to derive your Studio Profile, to transmit it to AI providers (Sosana, fal.ai) for the purpose of returning the photograph you requested, to deliver and store generated outputs in your account, and to send the transactional emails relating to your account. This license terminates when Your Content is permanently deleted under the schedule in the Privacy Notice. We do not use Your Content to train foundation AI models, to market to other users, or for any purpose other than operating the Service for you (other than the per-image safety classifiers described in the Privacy Notice section 3). Generated outputs the Service produces from Your Content are not themselves Your Content; they are governed by section 7 below.
Your representations about Your Content. You represent and warrant that: (a) the reference photograph is of you and you are the subject and photographer or have the photographer’s permission; (b) you have all rights necessary to grant the license above; (c) the photograph and your use of generated outputs do not infringe any third party’s intellectual-property, privacy, publicity, or other rights; and (d) you are 18 or older. We rely on these representations and the obligations in section 13 (Indemnification) to operate.
Right of publicity. You grant Bloomsee a written consent under the Illinois Right of Publicity Act, 765 ILCS 1075/30, and any equivalent state right-of-publicity statute, to use your likeness solely as embedded in your Studio Profile and the photographs the Service generates at your request. This consent covers the same uses, lasts for the same time, and ends at the same moment as the license to Your Content described above. It does not authorize Bloomsee to use your likeness in marketing, in another user’s outputs, or for any purpose beyond generating photographs you request.
7. Generated outputs; AI disclaimer
You own your use of outputs. Subject to these Terms and the Acceptable Use rules, you may use the photographs we generate for you for any lawful personal purpose. We reserve no right to your outputs beyond what we need to operate the Service.
AI accuracy and likeness disclaimer. The Service generates photographs using probabilistic AI image-generation models operated by third-party providers (currently Sosana and fal.ai). Generated photographs may not resemble you; may contain inaccuracies, distortions, or artifacts; may misrepresent age, ethnicity, expression, attire, or context; and may surprise you. They are synthetic images, not photographs of real events. You assume all risk for your use of generated outputs.
Copyright status of outputs. Under current United States Copyright Office guidance, purely AI-generated images are not eligible for copyright protection. Your selection of a style and submission of a reference photograph may not satisfy the human-authorship threshold required for copyright. You should not assume copyright in outputs and should not represent to others that outputs are copyrighted.
No professional reliance. Outputs are for personal expression. They are not portraits, are not authenticated photographs, are not professional photography, and are not suitable for identity documents, legal evidence, journalism, or any context that requires fidelity to real-world appearance.
No warranty against third-party-likeness collisions; how to report one. Generative AI models are trained on large datasets that may include third-party copyrighted works, trademarks, identifiable persons, and protected styles. Outputs the Service produces may incorporate or resemble such material in ways that are outside Bloomsee’s and our vendors’ control. Bloomsee makes no representation that any output is free from infringement of any third party’s intellectual-property or right-of-publicity claim. We operate vendor-side and platform-side filters to minimize third-party-likeness collisions; if you receive an output that you believe embeds a third party’s likeness without consent, please report it under the procedure in section 11a so that we can remove it. You are solely responsible for evaluating any output before any public use.
Author and publisher. Generated photographs are co-created by you (through your reference photograph and your selection of a style) and the underlying AI models. You acknowledge that you are the author and publisher of any output you choose to download, share, or distribute, and that Bloomsee does not curate, review, or pre-approve any specific output before it is delivered to you. Bloomsee is not the speaker of any output and is not responsible for any consequences of your decision to publish, transmit, or otherwise use an output.
8. Acceptable Use
You will not use the Service to:
- upload a reference photograph of any person other than yourself, or use a likeness without the explicit, contemporaneous consent of the person depicted;
- create, attempt to create, request, or store any visual depiction of a minor (anyone under 18), including a stylized or AI-generated depiction, under any circumstance;
- create or attempt to create “intimate visual depictions” within the meaning of 15 U.S.C. § 6851a(a)(5) (including any sexually explicit, nude, semi-nude, or partially nude depiction) of yourself or any other person;
- create or attempt to create photographs of public figures, celebrities, politicians, government officials, or any other non-consenting identifiable individual;
- create photographs intended to deceive a reasonable viewer about identity, statement, location, or conduct — including, without limitation, (i) deepfake political or election-related imagery, (ii) photographs misrepresenting medical, professional, academic, or licensure credentials, (iii) photographs submitted to any dating, social-networking, employment, professional-credentialing, financial-services, identity-verification, immigration, or insurance platform as authentic, (iv) fabricated “evidence” for any judicial, administrative, arbitration, or law-enforcement proceeding, or (v) photographs purporting to document any real event that did not occur;
- use any output to defraud, extort, sextort, threaten, blackmail, coerce, or harass any person;
- harass, threaten, defame, dox, stalk, or impersonate any person;
- generate or attempt to generate child sexual abuse material (within the meaning of 18 U.S.C. § 2256), terrorism imagery, gore, hate symbols, or other unlawful content;
- generate non-consensual intimate visual depictions within the meaning of the federal TAKE IT DOWN Act, 15 U.S.C. § 6851a, or any equivalent state law (including but not limited to Washington’s synthetic-media act and similar statutes);
- attempt to circumvent the safety filters, jailbreak the prompts, extract training data, or otherwise reverse-engineer the Service;
- resell, sublicense, or use the Service to operate a competing image-generation product;
- violate Illinois BIPA, the California Consumer Privacy Act as amended by the CPRA, Canada’s PIPEDA, Quebec Law 25, the Illinois Right of Publicity Act, or any other privacy, publicity, intellectual-property, anti-discrimination, or consumer-protection law applicable to your use; or
- use the Service for any other purpose that is unlawful, fraudulent, deceptive, harmful, or that we reasonably determine is inconsistent with the spirit of these Terms.
Enforcement. We may, at any time and without notice, decline to generate any output we suspect violates these rules, remove any output, suspend or terminate your account, retain account records for our own legal protection, and report apparent violations to applicable law-enforcement authorities as required by law. Termination for violation forfeits any remaining allowance and is not eligible for refund. If you become aware of a violation other than non-consensual intimate imagery, report it to support@bloomsee.app; for non-consensual intimate imagery, use the procedure in section 11a. We will cooperate with state election regulators on credible reports of election-related deepfakes generated through the Service; election-regulator coordination requests go to support@bloomsee.app.
9. Service availability; vendors
We use commercially reasonable efforts to keep the Service available, but we do not promise that it will be uninterrupted, error-free, or always available. Some generations may fail, be delayed, or be rate-limited by upstream AI providers; in those cases the policies in section 4 and in the Refund Policy apply. We may change, suspend, or discontinue any feature of the Service at any time. We use Sosana as our primary image-generation provider and fal.ai as a fallback. We may replace one of these vendors with another only after (a) updating the Privacy Notice and the BIPA consent text to name the new vendor, (b) bumping the BIPA consent version, and (c) requiring your fresh affirmative consent before any further biometric data is transmitted under the new arrangement.
10. Intellectual property; trademarks
The Service, including all software, text, graphics, the “Bloomsee” name, the brand mark, the style catalog labels, and the look and feel, is owned by Bloomsee or its licensors and is protected by intellectual-property laws. Nothing in these Terms grants you any right in the Service except the limited right to use it as a subscriber. You may not copy, modify, distribute, sell, lease, frame, or create derivative works of the Service except as expressly permitted.
11. DMCA / copyright takedown
Bloomsee respects copyright. If you believe content delivered through the Service infringes your copyright, send a notification to our designated agent containing the elements required by 17 U.S.C. § 512(c)(3)(A): your physical or electronic signature; identification of the work claimed to be infringed; identification of the material claimed to be infringing and information sufficient to locate it; your contact information; a good-faith-belief statement that the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and you are authorized to act for the rights-holder. Counter-notices follow 17 U.S.C. § 512(g)(3).
Designated agent: DMCA Agent, Bloomsee Studio LLC, Bloomsee Studio LLC — entity formation in progress, contact support@bloomsee.app, support@bloomsee.app.
Repeat infringers. Two valid notifications meeting the requirements of 17 U.S.C. § 512(c)(3)(A) against the same account within any twelve-month period will trigger an internal review of that account; a third such notification within the same window will result in account termination. We may, in our discretion, terminate sooner where the pattern of conduct warrants it.
11a. Non-consensual intimate imagery (TAKE IT DOWN Act and related state laws)
Bloomsee complies with the federal TAKE IT DOWN Act, 15 U.S.C. § 6851a, and with state non-consensual-intimate-imagery (NCII) statutes including Washington’s synthetic-media act. If you appear in an intimate visual depiction that is being made available through the Service without your consent, you may submit a removal request to our designated point of contact below, and we will remove the depiction and reasonable copies within 48 hours of receiving a valid request.
What to include in a removal request. A valid request must include:
- a description of the depiction (and any identifier or URL by which we can locate it within the Service);
- a statement that you are the individual depicted, or an authorized agent acting on that individual’s behalf;
- a statement that the depiction was made available without your consent;
- your contact information, including an email address we may use to acknowledge receipt and to coordinate any verification;
- a physical or electronic signature, and a statement under penalty of perjury that the information in the request is accurate.
If we need to confirm you are the person depicted, we may ask for one additional piece of verification before we act; we will not use that step to delay removal beyond the 48-hour window. Once we determine a request is valid, we will (a) remove the depiction from the Service within 48 hours, (b) make reasonable efforts to identify and remove copies of the depiction, and (c) preserve a record of the request and our response.
NCII designated contact: Non-Consensual Intimate Imagery Removal, Bloomsee Studio LLC, Bloomsee Studio LLC — entity formation in progress, contact support@bloomsee.app, support@bloomsee.app.
False removal requests submitted in bad faith may give rise to liability under federal and state law.
12. Termination
You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have violated these Terms, the Acceptable Use rules, or any applicable law, or if we are required to do so by law. On termination, your right to use the Service ends, your Studio Profile and reference photograph are queued for deletion under the Privacy Notice schedule, and the sections of these Terms that by their nature should survive termination (including sections 6, 7, 10, 11, 11a, 13, 14, 15, 16, 17, and 18) survive.
13. Indemnification
You will defend, indemnify, and hold harmless Bloomsee, its affiliates, and its officers, directors, members, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) Your Content, including any claim that you lacked the rights or consent to upload the reference photograph; (c) your use, distribution, sale, or publication of any generated outputs; (d) your breach of these Terms, the Acceptable Use rules, or any applicable law; or (e) your violation of any third party’s rights, including rights of privacy, publicity, or intellectual property. Bloomsee may, at its option and at your expense, assume the defense and settlement of any claim subject to indemnification under this section. You will not settle any claim that admits Bloomsee’s fault, imposes any non-monetary obligation on Bloomsee, or affects Bloomsee’s rights under these Terms without our prior written consent. You will cooperate fully in our defense at your expense.
14. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BLOOMSEE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BLOOMSEE DOES NOT WARRANT THAT (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) GENERATED PHOTOGRAPHS WILL RESEMBLE YOU, MATCH YOUR EXPECTATIONS, OR BE SUITABLE FOR ANY PURPOSE; (III) ANY DEFECTS WILL BE CORRECTED; OR (IV) THE SERVICE OR ANY OUTPUT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOOMSEE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100), OR (B) THE TOTAL FEES YOU PAID BLOOMSEE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL BLOOMSEE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF BLOOMSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE THE LIABILITY OF BLOOMSEE IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW (FOR EXAMPLE, LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD).
The limitations in this section do not purport to limit or affect, and do not limit or affect, any enforcement action brought by a state attorney general, the Federal Trade Commission, the California Privacy Protection Agency, the Office of the Privacy Commissioner of Canada, or any other governmental body acting in a regulatory, parens patriae, or other public-protection capacity.
16. Binding individual arbitration; class-action waiver
Read this section carefully. It affects your legal rights.
Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your account — whether sounding in contract, tort, statute, or otherwise — will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, and judgment on the award may be entered in any court of competent jurisdiction. The arbitration will be conducted in Wilmington, Delaware or, at your election, by telephone or videoconference. The arbitrator may award any relief that a court could award, including statutory damages and attorneys’ fees where the underlying statute allows.
Exceptions. Either party may bring an individual action in small-claims court for any claim within that court’s jurisdiction, or seek injunctive or equitable relief in court to stop actual or threatened infringement, misappropriation, or violation of intellectual-property rights or to enforce confidentiality. Nothing in this section prevents you from notifying federal, state, or provincial agencies or seeking public injunctive relief where the law preserves that right.
Class-action waiver. ARBITRATION WILL BE INDIVIDUAL ONLY. YOU AND BLOOMSEE EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND THE ARBITRATOR HAS NO POWER TO CONSOLIDATE CLAIMS OR PRESIDE OVER A CLASS PROCEEDING. If the class-action waiver is held unenforceable as to any claim, that claim must be severed and brought in court while all other claims proceed in arbitration.
Mass arbitration. If 25 or more similar arbitration demands are filed against Bloomsee within a 60-day period by the same or coordinated counsel, the demands will be administered as a mass filing under AAA’s Mass Arbitration Supplementary Rules then in effect, with bellwether proceedings and mediation before Bloomsee owes any per-case arbitration fees beyond the initial AAA filing fee.
Opt-out. You may opt out of this arbitration agreement and class-action waiver by emailing support@bloomsee.app within 30 days of first accepting these Terms, including your name, the email address tied to your Bloomsee account, and the statement “I opt out of arbitration.” Opting out does not affect any other part of these Terms.
Fees. Bloomsee will pay AAA filing fees and arbitrator fees beyond the consumer’s share to the extent required by AAA’s Consumer Due Process Protocol.
17. Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except where preempted by federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to section 16, the exclusive venue for any claim that is not subject to arbitration is the state or federal courts located in Wilmington, Delaware, and you and Bloomsee consent to personal jurisdiction in those courts.
18. Miscellaneous
Entire agreement. These Terms, together with the Privacy Notice, the Refund & Cancellation Policy, and any policies expressly incorporated by reference, constitute the entire agreement between you and Bloomsee about the Service and supersede all prior or contemporaneous communications.
Severability. If any provision is held invalid or unenforceable, it will be reformed to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Force majeure. Bloomsee is not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, government action, pandemic or epidemic, internet or telecommunications failure, cyberattack, denial-of-service attack, or failure of a critical third-party infrastructure provider (including Stripe, AWS, Resend, Sosana, or fal.ai) where no commercially reasonable alternative is immediately available. Force-majeure suspension does not relieve you of payment obligations for services already rendered, and does not extend your subscription period or refund any unused allowance.
Assignment. You may not assign or transfer these Terms or any rights under them. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, on notice.
No partnership; no third-party beneficiaries. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship between you and Bloomsee or between you and any individual associated with Bloomsee. These Terms do not create rights enforceable by any third party.
Contracting party; founder shield. Your agreement is solely with Bloomsee Studio LLC. No member, officer, employee, agent, or contractor of Bloomsee Studio LLC has any personal liability under these Terms, and you irrevocably waive any right to assert any claim against any such individual in their personal capacity, to the maximum extent permitted by law.
Notices to Bloomsee. Legal notices must be sent to Bloomsee Studio LLC at Bloomsee Studio LLC — entity formation in progress, contact support@bloomsee.app, with a copy to support@bloomsee.app. Notices we send you go to the email address on file for your account.
Changes to these Terms. We may update these Terms from time to time. For material changes — price, auto-renewal mechanics, dispute resolution, license scope, or your privacy rights — we will notify you by email at least 30 days in advance of the effective date. For non-material changes we may post the updated Terms with a revised “Effective” date and email notice. Your continued use of the Service after the effective date of a revision constitutes acceptance. You may always cancel before any revision takes effect.
Contact. Questions about these Terms: support@bloomsee.app. Support: support@bloomsee.app. Mailing address: Bloomsee Studio LLC, Bloomsee Studio LLC — entity formation in progress, contact support@bloomsee.app.