These Terms of Service (the “Terms”) are a binding agreement between you and Toccata, Inc. (“Bloom Manager”, “we”, “us”) governing your use of the Bloom Manager application, websites and related services (the “Service”). By creating an account or using the Service, you accept these Terms. If you do not accept them, do not use the Service.
You must provide accurate information and keep your credentials confidential. You are responsible for all activity under your account. Accounts are for a single person; sharing an account across a team or business requires a plan that permits it. We may refuse, suspend or terminate any account at our discretion, including for suspected fraud, abuse, non-payment, chargebacks, or violation of these Terms.
Paid plans renew automatically at the end of each billing period (monthly or annual) until cancelled. You authorize us and our payment processor (Stripe) to charge your payment method on each renewal. Prices may change; we will give you notice before a change affects your renewal. Cancelling stops future renewals: you keep access for the period you paid for, and no further charges are made.
All fees are non-refundable. Cancellation does not entitle you to a refund or credit for any period, whether used or unused, including annual plans cancelled mid-term. We may, in our sole and absolute discretion, choose to issue a refund or credit in a particular case; doing so once does not oblige us to do so again. Nothing in this section limits any non-waivable rights you hold under the consumer protection laws of your jurisdiction; where such laws require a remedy, that remedy is the exclusive one provided.
Chargebacks. If you dispute a legitimate charge with your card issuer instead of contacting us first, we may suspend or terminate your account immediately, and you agree to reimburse us for the disputed amount, dispute fees, and reasonable costs of responding if the dispute is resolved in our favour.
Free trials convert to paid subscriptions at the end of the trial period unless cancelled before the trial ends. Promotional pricing applies only for the stated period. We may modify or withdraw trials and promotions at any time.
You own the data you put into the Service: your plans, plantings, notes, photos and records. You grant us a worldwide, royalty-free licence to host, copy, process, transmit and display that content solely to operate, secure and improve the Service. You are responsible for the accuracy and legality of your content. You can export your data and close your account at any time from your profile.
Data beyond your plan’s limits. If a paid subscription ends without being replaced by another paid plan (including Standby), content that exceeds the free tier’s limits (for example, additional plans and plantings that use Pro-only presets) becomes inaccessible immediately and is permanently deleted seven (7) days after the subscription ends. We notify the account email when this period begins. Resuming a paid plan or subscribing to Standby within the period preserves everything; afterward, deleted content cannot be recovered.
The Service produces estimates: frost dates, sowing and transplant windows, harvest projections, yield figures, weather displays and similar outputs are informational planning aids derived from models and third-party data. They are not agronomic, horticultural, business or financial advice, and they carry no guarantee of accuracy. Growing decisions, and their outcomes, are entirely yours. To the maximum extent permitted by law, we are not liable for crop loss, plant loss, frost damage, missed plantings or harvests, lost sales, or any other loss arising from reliance on information produced by the Service.
We may change, add, or remove features at any time, and may suspend the Service for maintenance. We aim for high availability but do not warrant uninterrupted or error-free operation.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT WHERE SUCH DISCLAIMERS ARE PROHIBITED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR CROP OR PLANT LOSS; AND (b) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will defend and indemnify us against claims, damages and costs (including reasonable legal fees) arising from your content, your use of the Service in violation of these Terms, or your violation of law or third-party rights.
You may close your account at any time from your profile. We may suspend or terminate your access immediately for material breach of these Terms (including Section 3 chargebacks and Section 6 misuse), or on reasonable notice for any other reason with a pro-rated refund of prepaid, unused fees in that case only. Sections 3, 5, 7, and 9–14 survive termination.
We may update these Terms from time to time. For material changes we will notify you (for example by email or in-app notice) before they take effect. Continued use of the Service after the effective date constitutes acceptance.
These Terms are governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. Courts located in Saskatchewan have exclusive jurisdiction, and each party waives objections to that venue. To the extent permitted by law, claims may be brought only in an individual capacity, not as a class or representative action. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible and the remainder will stay in effect.
Toccata, Inc. · help@bloommanager.com