NOVABLOOM

TERMS OF USE

Last Updated: October 1, 2026

These Terms of Use are a legal agreement between you and Novabloom LLC, an Alabama limited liability company doing business as NovaBloom (“NovaBloom,” “we,” “us,” or “our”). They govern your access to and use of the NovaBloom mobile application, NovaBloom’s websites and webpages, and the services, content, features, tools, subscriptions, and functionality that NovaBloom makes available through them (collectively, the “Services”).

IMPORTANT DISPUTE RESOLUTION NOTICE. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 28. EXCEPT FOR THE LIMITED MATTERS DESCRIBED THERE, YOU AND NOVABLOOM AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS AFTER YOU FIRST ACCEPT THESE TERMS. SECTION 28 EXPLAINS HOW TO OPT OUT. NOTHING IN THESE TERMS WAIVES ANY RIGHT OR REMEDY THAT CANNOT LAWFULLY BE WAIVED.

Please read these Terms carefully before creating an account, purchasing a subscription, or using any feature that requires acceptance of these Terms. If you do not agree, do not create an account or use those portions of the Services.

Contents

1. Acceptance and Contract Formation
2. Scope of the Services and Additional Terms
3. Privacy and Separate Health Data Consents
4. Eligibility, Age Requirements, and Teen Users
5. Family Billing Plans
6. User Accounts and Account Security
7. License to Use the Services
8. Period Tracking, Predictions, and Rules Based Personalization
9. Medical, Health, Fertility, and Emergency Disclaimers
10. Faith and Devotional Content
11. Adult Cycle Sharing
12. User Data, User Content, and Data Exports
13. Third Party Integrations and Sign In Services
14. Promotional, Sponsored, Affiliate, and Third Party Content
15. Subscriptions, Purchases, Billing, Renewal, Cancellation, and Refunds
16. Electronic Communications and Notifications
17. Acceptable Use and Prohibited Conduct
18. Intellectual Property Rights
19. Feedback
20. Copyright and Intellectual Property Complaints
21. Availability, Updates, Beta Features, and Service Changes
22. Suspension, Termination, and Account Deletion
23. Disclaimers of Warranties
24. Limitation of Liability
25. Indemnification
26. Third Party Platforms and App Stores
27. Informal Dispute Resolution
28. Binding Arbitration Agreement and Class Action Waiver
29. Governing Law and Court Venue
30. Changes to These Terms
31. General Provisions
32. Contact Information

1. Acceptance and Contract Formation

You become bound by these Terms when you affirmatively accept them, including by checking an acceptance box, tapping or clicking a button that states that your action constitutes agreement to these Terms, creating an Account through a flow that clearly states that Account creation constitutes agreement to these Terms, or otherwise providing an electronic signature or other affirmative manifestation of assent. NovaBloom may ask you to accept these Terms again when material changes are made, when you become eligible for a new feature, or when required by applicable law.

Merely viewing a publicly available webpage does not, by itself, constitute an agreement to arbitrate unless the page presents you with reasonably conspicuous notice that a specified action constitutes acceptance and you take that action. Other legal notices posted on public webpages may nevertheless apply to your use of those webpages to the extent permitted by law.

If you are accepting these Terms on behalf of a legal entity, you represent that you have authority to bind that entity. The consumer Services are intended primarily for individual users. Unless NovaBloom expressly agrees otherwise in writing, no business, employer, school, health care provider, parent, partner, or other third party acquires a right to control an individual user’s Account merely because that third party pays for or facilitates access to the Services.

The person who affirmatively accepts these Terms is responsible for reviewing the version presented at the time of acceptance. NovaBloom may maintain electronic records of acceptance, including the Terms version, date and time, Account identifier, and related technical information.

2. Scope of the Services and Additional Terms

NovaBloom provides period and menstrual cycle tracking, reproductive wellness tools, educational content, faith oriented content, reminders, user selected tracking tools, optional integrations, subscription features, and related functionality. The precise features available to you may depend on your age, subscription tier, device, operating system, location, permissions, and product version.

Certain features may be governed by additional terms, disclosures, permissions, consents, or rules presented when you use that feature (“Additional Terms”). Examples may include a family billing consent, an adult cycle sharing consent, a promotion, a free trial, or terms required by an app store or third party integration. Additional Terms supplement these Terms for the feature they address. If an Additional Term expressly conflicts with these Terms, the Additional Term controls only for that feature and only to the extent of the conflict.

NovaBloom is currently intended for users located in the United States. NovaBloom does not represent that the Services are appropriate, lawful, or available in every other jurisdiction. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with applicable law.

3. Privacy and Separate Health Data Consents

NovaBloom’s Privacy Policy and, where applicable, NovaBloom’s state specific Consumer Health Data Privacy Notices describe NovaBloom’s collection, use, disclosure, retention, and protection of personal information and consumer health data. Those privacy notices are provided to explain NovaBloom’s data practices and your privacy rights. They are not incorporated into these Terms as independent contractual warranties except to the extent a provision expressly states otherwise or applicable law requires a different result.

Acceptance of these Terms is not, by itself, consent to any collection, use, disclosure, sale, sharing, or other processing for which applicable law requires separate, affirmative, or express consent. When separate consent is legally required or is part of a specific feature, NovaBloom will request it through an appropriate consent flow. Nothing in these Terms expands NovaBloom’s rights to use personal information beyond the rights described in the applicable privacy notices, feature permissions, and consents.

Nothing in these Terms limits a privacy, confidentiality, deletion, access, correction, consent withdrawal, appeal, complaint, or other right that cannot lawfully be waived.

4. Eligibility, Age Requirements, and Teen Users

The Services are not intended for children under 13. You may not create an Account or use Account based features if you are under 13. If NovaBloom learns that an Account belongs to a child under 13, NovaBloom may suspend the Account and take steps to delete or otherwise handle the associated information as required by applicable law.

For these Terms, a “Teen User” is a user who is at least 13 but under 18. Subject to applicable law and the feature restrictions described in these Terms, a Teen User may create and use an individual NovaBloom Account independently. NovaBloom may restrict particular features for Teen Users and may require a parent, legal guardian, or other authorized adult to provide consent where applicable law requires adult consent for that particular feature or transaction.

Teen Users must provide accurate age or date of birth information. A user may not misrepresent age to obtain a feature that is restricted by age. NovaBloom may take reasonable steps to address suspected age misrepresentation or to satisfy legal requirements, but NovaBloom does not promise that it can independently verify every user’s age.

Teen Users are not permitted to use NovaBloom’s cycle sharing feature. A family billing arrangement does not convert a Teen User’s Account into an adult controlled Account and does not give the adult payer a general right to access, manage, export, or delete the Teen User’s Account or health related information.

Nothing in these Terms is intended to eliminate or restrict any right a minor has under applicable law to void, disaffirm, or otherwise challenge a contract. When a Teen User reaches age 18, NovaBloom will require the user to affirmatively accept the then current Terms before continuing to use Account based features. Adult re-assent does not retroactively eliminate any nonwaivable right that applied while the user was a minor.

5. Family Billing Plans

NovaBloom may offer an optional family billing plan that allows an adult account holder or other eligible adult to pay for access for one or more participating Teen Users. The adult who manages payment for a family billing plan is the “Family Billing Administrator.” A family billing plan is a payment arrangement. It is not a parental control tool, medical authorization, guardianship mechanism, or grant of ownership over another user’s Account or personal information.

A Teen User may join a family billing plan only through NovaBloom’s applicable invitation and consent flow. Depending on the flow, either the Teen User or the Family Billing Administrator may initiate an invitation. The Family Billing Administrator and the Teen User must each complete the steps presented to them before the Teen User is added to the plan.

Through the family billing dashboard, the Family Billing Administrator may be shown limited information needed to administer the plan, such as the participating Teen User’s name, age or age category, plan status, and billing status. The family billing feature does not authorize the Family Billing Administrator to view the Teen User’s menstrual cycle data, symptoms, moods, notes, trackers, or other reproductive wellness information.

A Teen User may remove themself from a family billing plan at any time through the functionality NovaBloom makes available. Removal from a billing plan may affect access to paid features but does not, by itself, delete the Teen User’s Account. A Teen User will be removed from the teen family billing arrangement when the user reaches age 18, although the user may separately subscribe or participate in any adult plan then available.

The Family Billing Administrator is responsible for charges the administrator authorizes, subject to the rules of the applicable app store or payment platform. The Family Billing Administrator may not use the billing relationship to demand, obtain, coerce, or attempt to obtain access to another user’s credentials or private health related information.

6. User Accounts and Account Security

You may need an Account to use some Services. You agree to provide information that is accurate, current, and complete and to keep Account information reasonably up to date. Authentication may include email and password credentials or optional sign in through a third party provider such as Apple or Google.

You are responsible for maintaining the security of your device and Account credentials and for activity that occurs through your Account to the extent caused by your failure to use reasonable security measures. Do not share your password or authentication credentials. Notify NovaBloom promptly at privacy@novabloom.io if you reasonably believe your Account has been accessed without authorization.

You may not create an Account for another individual without authorization, impersonate another person, use another person’s Account, or use false information to evade age or feature restrictions. NovaBloom may require reasonable steps to confirm Account ownership before granting access, processing certain requests, or changing security sensitive Account information.

7. License to Use the Services

Subject to your compliance with these Terms, NovaBloom grants you a limited, personal, revocable, nonexclusive, nontransferable, and non-sublicensable license to download, install, access, and use the consumer Services on devices that you own or control, solely for your personal and noncommercial use and subject to applicable app store usage rules.

The Services are licensed, not sold. Except for the limited license expressly granted above, NovaBloom and its licensors reserve all rights in and to the Services, including all software, source and object code, databases, designs, text, graphics, audiovisual materials, trademarks, branding, educational materials, devotional content, and other intellectual property.

You may not copy, modify, distribute, sell, lease, sublicense, publicly display, create derivative works from, reverse engineer, decompile, disassemble, attempt to derive source code from, or otherwise exploit the Services except to the extent a restriction is prohibited by applicable law or an open source license expressly permits it.

8. Period Tracking, Predictions, and Rules Based Personalization

The Services may allow you to enter cycle dates, symptoms, moods, activity information, trackers, notes, preferences, and other information. NovaBloom may use your inputs and rules based calculations to organize information, generate reminders, display educational content, identify patterns, estimate dates or windows, and tailor wellness insights or encouragement.

Any prediction, estimate, reminder, pattern, score, insight, or personalized output depends on the information available to the Services, the accuracy and completeness of your entries, normal biological variability, and the limitations of the underlying rules or calculations. Such outputs may be incomplete, delayed, or inaccurate.

Unless NovaBloom expressly identifies a feature otherwise in a separate disclosure, a rules based output is automated and is not reviewed or approved by a physician, nurse, therapist, fertility specialist, clergy member, or other professional before it is displayed to you.

9. Medical, Health, Fertility, and Emergency Disclaimers

NOVABLOOM IS A CONSUMER WELLNESS AND EDUCATIONAL SERVICE. THE SERVICES ARE NOT INTENDED TO BE A MEDICAL DEVICE AND DO NOT PROVIDE MEDICAL CARE, MEDICAL ADVICE, DIAGNOSIS, TREATMENT, PRESCRIPTIONS, CLINICAL MONITORING, OR PROFESSIONAL HEALTH CARE SERVICES.

NO INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING CYCLE INFORMATION, PREDICTIONS, ESTIMATED DATES, SYMPTOM INFORMATION, WELLNESS INSIGHTS, EDUCATIONAL MATERIALS, REMINDERS, OR PERSONALIZED CONTENT, SHOULD BE TREATED AS A SUBSTITUTE FOR ADVICE FROM A LICENSED HEALTH CARE PROFESSIONAL.

IF THE SERVICES DISPLAY ESTIMATES CONCERNING OVULATION, FERTILITY, MENSTRUAL TIMING, OR RELATED EVENTS, THOSE ESTIMATES ARE APPROXIMATIONS. DO NOT USE NOVABLOOM AS A METHOD OF CONTRACEPTION OR BIRTH CONTROL, TO DETERMINE WHETHER UNPROTECTED SEX IS SAFE, TO CONFIRM OR EXCLUDE PREGNANCY, TO DIAGNOSE INFERTILITY OR ANOTHER MEDICAL CONDITION, OR AS THE SOLE BASIS FOR TRYING TO CONCEIVE. IF YOU NEED CONTRACEPTIVE, FERTILITY, PREGNANCY, OR MEDICAL GUIDANCE, CONSULT AN APPROPRIATELY QUALIFIED PROFESSIONAL.

Your use of the Services does not create a physician patient, therapist patient, nurse patient, dietitian patient, fiduciary, or other professional health care relationship between you and NovaBloom or its personnel. Information you provide through the Services is not monitored in real time for medical emergencies.

Do not use NovaBloom for emergency communications. If you believe you or another person may have a medical emergency, call 911 or the appropriate emergency number immediately. If you are in the United States and are experiencing a mental health or suicide crisis, you may call or text 988. NovaBloom is not a crisis response service.

Always seek the advice of a qualified health care professional with questions about symptoms, menstrual changes, fertility, pregnancy, mental health, or any medical condition. Never disregard or delay professional care because of information obtained through the Services.

10. Faith and Devotional Content

NovaBloom may provide Christian faith oriented devotionals, scripture, encouragement, reflections, educational materials, and related content. This content is intended for general devotional, informational, and wellness purposes. It is not pastoral counseling, sacramental advice, spiritual direction, psychotherapy, or other licensed or professional counseling, and it does not create a clergy penitent, pastoral counseling, or fiduciary relationship.

Faith oriented content may reflect general Christian themes and may not reflect the doctrine, interpretation, practice, or teaching of every denomination, church, ministry, or individual. References to scripture, faith, prayer, or spiritual practices are not a representation that NovaBloom is endorsed by any church, denomination, religious organization, or clergy member unless NovaBloom expressly states otherwise.

Do not use faith oriented content as a substitute for appropriate medical, mental health, safety, legal, or other professional assistance. You remain responsible for deciding whether and how the content is consistent with your own beliefs, circumstances, and professional guidance.

11. Adult Cycle Sharing

NovaBloom may offer an optional feature that permits eligible adult users to share selected cycle related information with another person. Cycle sharing is available only to users who are 18 or older. Teen Users may not use this feature.

Before cycle sharing is enabled, the sharing user must complete NovaBloom’s feature specific consent or authorization flow, and the invited recipient must affirmatively accept the recipient terms presented for the feature. Where applicable law requires a separate form of authorization for NovaBloom to release covered health information, NovaBloom will obtain that authorization before disclosure. You control whether to initiate sharing and whom you invite. You should share health related information only with a person you know and trust.

By accepting the cycle sharing recipient terms, a recipient agrees to use shared information only for the personal purpose authorized by the sharing user and not to sell, publish, exploit, or further disclose that information without the sharing user’s authorization, except as required by law. A recipient receives no ownership interest in the sharing user’s Account or data.

The sharing user may revoke future access using available controls. Revocation may prevent future access through NovaBloom, but NovaBloom cannot retrieve information that a recipient lawfully viewed, downloaded, recorded, screenshotted, or otherwise retained before revocation. NovaBloom is not responsible for conduct by a recipient outside NovaBloom’s reasonable control, but these Terms do not limit any rights or remedies that cannot lawfully be waived.

12. User Data, User Content, and Data Exports

As between you and NovaBloom, you retain your rights in information and content you enter or upload into the Services, including cycle data, symptoms, moods, activity information, notes, trackers, preferences, and support communications (“User Data”). These Terms do not transfer ownership of your User Data to NovaBloom.

You grant NovaBloom a limited right to host, reproduce, transmit, format, organize, and otherwise process User Data only as reasonably necessary to provide, secure, maintain, support, improve, and operate the Services and as otherwise described in NovaBloom’s applicable privacy notices, permissions, consents, and applicable law. This limited right ends when the relevant User Data is deleted from active systems, subject to lawful retention, backup, security, fraud prevention, and technical deletion cycles described in the applicable privacy notices.

You represent that you have the right to provide User Data that you submit and that doing so does not unlawfully violate another person’s rights. Do not submit another person’s confidential medical, reproductive, or other sensitive information unless you have lawful authority to do so.

NovaBloom may allow you to export certain information. Once you export, download, transmit, or share information outside the Services, that copy may no longer be protected by NovaBloom’s technical controls. You are responsible for safeguarding exported copies and choosing secure recipients and storage locations.

13. Third Party Integrations and Sign In Services

The Services may permit optional connections with third party products or services, including Apple Health, Google Health Connect or related Google health and fitness services, Oura, Apple sign in, Google sign in, and other integrations that NovaBloom may make available.

If you choose to connect a third party service, you authorize NovaBloom and that service to exchange the categories of information you select or that are disclosed in the permission flow, subject to your device settings, the third party’s rules, NovaBloom’s privacy notices, and applicable law. You may be able to revoke permissions through NovaBloom, your device, or the third party service.

Third party services are controlled by their respective providers. NovaBloom does not control and is not responsible for a third party provider’s availability, security, accuracy, terms, privacy practices, feature changes, or decisions to restrict or discontinue an integration. An integration may stop working if you revoke permission, change devices, alter settings, or if a provider changes or discontinues access.

You must comply with applicable third party terms when using an integration. Nothing in these Terms authorizes NovaBloom to use information obtained from a health platform in a manner prohibited by the platform’s rules or applicable law.

14. Promotional, Sponsored, Affiliate, and Third Party Content

The Services may contain educational recommendations, sponsored content, affiliate links, referral links, cross promotional materials, or links to products and services offered by third parties. NovaBloom may receive compensation when you view, click, purchase through, or otherwise interact with certain disclosed commercial content.

NovaBloom will identify sponsored, affiliate, or other material commercial relationships when required by law. The presence of promotional or affiliate content is not medical advice and does not mean that a product or service is appropriate for your individual health needs. You should independently evaluate products and services and consult a qualified professional when appropriate.

Any use of personal information in connection with advertising, sponsorship, referrals, or promotional content is subject to NovaBloom’s applicable privacy notices, required consents, platform restrictions, and applicable law. These Terms do not grant NovaBloom any additional right to disclose sensitive health related information for marketing.

Your transactions with a third party are between you and that third party unless NovaBloom expressly states that it is the seller. Third party terms, warranties, return policies, privacy practices, and customer support obligations may apply.

15. Subscriptions, Purchases, Billing, Renewal, Cancellation, and Refunds

Some features may require a paid subscription or other purchase. Before you complete a purchase, NovaBloom or the app store will present the material terms of the offer, which may include the price, billing period, renewal terms, trial or introductory period, and how to cancel. You authorize the applicable app store or payment provider to charge the payment method associated with your store account according to the offer you select.

NovaBloom currently expects in app subscription payments to be processed through the Apple App Store or Google Play. NovaBloom may use third party subscription infrastructure to verify entitlement and subscription status. NovaBloom does not control the app store’s payment authorization process, and your purchase is also subject to the applicable store’s terms.

15.1 Automatic Renewal

If you purchase an automatically renewing subscription, it will renew for the stated renewal period unless you cancel before the deadline specified by the applicable app store. The app store may charge your payment method at renewal. Prices may change only as permitted by the applicable store terms and law, with any notice required by the store or applicable law.

15.2 Free Trials and Promotional Offers

A free trial, introductory price, or promotional offer is governed by the terms displayed with that offer. Unless the offer states otherwise, a trial connected to an automatically renewing subscription may convert to a paid subscription when the trial ends unless you cancel before the applicable deadline. Eligibility for promotions may be limited.

15.3 Cancellation

For subscriptions purchased through the Apple App Store or Google Play, cancellation generally must be completed through the applicable store account or subscription management tools. NovaBloom will provide or direct users to an available subscription management method within the Services where required. Deleting the NovaBloom App, deleting an Account, leaving a family billing plan, or ceasing use of the Services does not necessarily cancel an app store subscription. You should confirm cancellation with the applicable store.

15.4 Refunds

Refund eligibility for an app store purchase is generally determined by the applicable app store’s policies and applicable law. Nothing in these Terms limits a refund, cancellation, cooling off, or other consumer right that cannot lawfully be waived. NovaBloom may provide additional refunds or credits in its discretion where permitted, but doing so once does not require NovaBloom to do so in another case.

15.5 Family Billing

The Family Billing Administrator is responsible for charges associated with a family billing plan that the administrator authorizes. Removing a participant, changing the family arrangement, or a participant reaching age 18 may affect access or eligibility but will not automatically produce a refund unless required by the applicable purchase terms, store policy, or law.

16. Electronic Communications and Notifications

By creating an Account, you agree to receive electronic communications that are reasonably necessary to provide, secure, administer, or support the Services. These may include Account notices, authentication messages, security alerts, billing and subscription notices, legal notices, policy updates, and service related communications by email, in app message, push notification, or another electronic method that you enable.

You may control many push notifications through your device or in app settings. Disabling a notification may affect your ability to receive reminders or time sensitive feature notices.

Marketing email will be sent subject to applicable law and available opt out mechanisms. NovaBloom will not treat your acceptance of these Terms as consent to receive marketing text messages, prerecorded marketing calls, or autodialed marketing communications where separate consent is required. If NovaBloom offers such a program, it will present the applicable consent and opt out terms separately. Consent to marketing communications is not a condition of purchasing the Services unless applicable law permits and NovaBloom clearly states otherwise.

17. Acceptable Use and Prohibited Conduct

You may use the Services only for lawful purposes and in accordance with these Terms. You may not:

• use the Services to violate any applicable law, regulation, court order, or legally enforceable right.
• use another person’s Account, impersonate another person, misrepresent your identity or age, or evade an age, access, or security restriction.
• obtain or attempt to obtain another user’s private cycle, reproductive health, Account, or authentication information without authorization.
• use family billing, cycle sharing, exported data, or another feature to harass, coerce, surveil, discriminate against, threaten, or improperly control another person.
• sell, publish, scrape, harvest, compile, or commercially exploit another user’s information or any nonpublic information obtained through the Services.
• introduce malware, malicious code, or harmful material or attempt to gain unauthorized access to systems, Accounts, networks, or data.
• probe, scan, test, bypass, defeat, or interfere with security, rate limits, authentication, access controls, or technical restrictions without NovaBloom’s written authorization.
• use bots, spiders, crawlers, automated scripts, or similar means to access or extract content except as expressly authorized by NovaBloom or required by law.
• reverse engineer, decompile, disassemble, modify, or attempt to derive source code or underlying models, rules, or nonpublic logic except where applicable law expressly permits.
• copy or use NovaBloom content, data, or outputs to train or develop a competing product, model, dataset, or commercial service without NovaBloom’s written permission.
• remove copyright, trademark, attribution, security, or proprietary notices.
• interfere with the operation or integrity of the Services or impose an unreasonable load on the infrastructure.
• use the Services for medical diagnosis, emergency monitoring, contraception, or another purpose for which NovaBloom expressly states the Services are not intended.
• encourage or assist another person to do any of the foregoing.

NovaBloom may investigate suspected violations and may preserve or disclose information when legally permitted and reasonably necessary to protect users, enforce these Terms, comply with law, or address security or fraud. Nothing in this section requires NovaBloom to monitor all user activity.

18. Intellectual Property Rights

The Services and all NovaBloom provided content are owned by NovaBloom or its licensors and are protected by copyright, trademark, trade secret, patent, and other intellectual property laws. “NovaBloom,” associated logos, product names, designs, and trade dress are or may be trademarks of Novabloom LLC. No license to use NovaBloom’s marks is granted except as necessary to identify the Services in a lawful, non-misleading manner.

You may use NovaBloom provided content only as permitted by the Services and these Terms. You may not reproduce, republish, distribute, sell, license, publicly perform, publicly display, adapt, or create derivative works from NovaBloom content for commercial purposes without prior written permission, except where applicable law permits.

If the Services include a built in sharing function for a devotional, educational item, or other NovaBloom content, you may use that function for personal, noncommercial sharing subject to any restrictions displayed with the feature.

19. Feedback

If you voluntarily provide ideas, suggestions, feature requests, or other feedback about NovaBloom or the Services (“Feedback”), you grant NovaBloom a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty free license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any lawful purpose without payment or attribution.

This Feedback license does not apply to private menstrual, reproductive, health, mood, symptom, or other sensitive personal information merely because it appears in a support message or other communication. NovaBloom’s handling of personal information remains subject to the applicable privacy notices and law.

20. Copyright and Intellectual Property Complaints

If you believe material available through the Services infringes your copyright or other intellectual property rights, send a written notice to legal@novabloom.io identifying the work or right claimed to be infringed, the material at issue and its location, your contact information, a statement of your good faith belief that the use is unauthorized, and any other information required by applicable law.

NovaBloom may remove or restrict access to allegedly infringing material when appropriate and may request additional information. This provision does not represent that NovaBloom hosts user generated public content or that any statutory safe harbor applies in a particular situation.

21. Availability, Updates, Beta Features, and Service Changes

NovaBloom may update, improve, add, remove, suspend, or discontinue features or portions of the Services. Features may vary by platform, device, subscription tier, age, location, or version. NovaBloom does not guarantee that any specific feature, integration, reminder, content item, or historical functionality will remain available indefinitely.

NovaBloom may make preview, experimental, or beta features available. Unless NovaBloom expressly states otherwise, beta features are provided for evaluation, may be incomplete or unstable, may change without notice, and may be withdrawn at any time. Do not use a beta feature for a purpose where an error could cause health, safety, financial, or other significant harm.

Software updates may be required for continued use. You are responsible for maintaining a compatible device, operating system, internet connection, and any third party account or permission needed for a feature.

22. Suspension, Termination, and Account Deletion

You may stop using the Services at any time. You may request Account deletion using the available Account controls or by contacting NovaBloom as described in the applicable privacy notice. Account deletion is separate from subscription cancellation, and you should cancel any app store subscription separately as described in Section 15.

NovaBloom may suspend, restrict, or terminate access when reasonably necessary because of a material violation of these Terms, nonpayment, suspected fraud, misuse, security risk, unlawful conduct, a threat to another person, a legal or regulatory requirement, discontinuation of a Service, or another legitimate operational reason. Where reasonable and legally permitted, NovaBloom may provide notice or an opportunity to address a remediable issue.

Following termination, provisions that by their nature should survive will remain in effect, including provisions concerning intellectual property, Feedback, warranty disclaimers, limitations of liability, indemnification, dispute resolution, and general legal terms. Personal information associated with a terminated or deleted Account will be handled in accordance with the applicable privacy notices and law.

23. Disclaimers of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NOVABLOOM AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, NOVABLOOM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, THAT DATA WILL NEVER BE LOST, THAT A THIRD PARTY INTEGRATION WILL REMAIN AVAILABLE, OR THAT ANY CYCLE PREDICTION, ESTIMATE, REMINDER, INSIGHT, EDUCATIONAL CONTENT, DEVOTIONAL CONTENT, OR OTHER OUTPUT WILL BE ACCURATE, COMPLETE, TIMELY, OR SUITABLE FOR YOUR PARTICULAR CIRCUMSTANCES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN THOSE JURISDICTIONS, THE FOREGOING DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

24. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NOVABLOOM AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.

TO THE FULLEST EXTENT PERMITTED BY LAW, NOVABLOOM’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID FOR THE NOVABLOOM SERVICES DURING THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR STATUTE, AND APPLY TO THE EXTENT PERMITTED EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

WITHOUT LIMITING SECTION 9, NOVABLOOM IS NOT LIABLE FOR A PREGNANCY, FAILURE TO PREVENT PREGNANCY, FERTILITY OUTCOME, DELAYED OR MISSED CARE, OR OTHER HEALTH OUTCOME TO THE EXTENT THE CLAIM IS BASED ON USING THE SERVICES FOR A PURPOSE THAT THESE TERMS EXPRESSLY STATE THE SERVICES ARE NOT INTENDED OR QUALIFIED TO PERFORM.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. THIS INCLUDES ANY LIABILITY OR STATUTORY REMEDY THAT APPLICABLE LAW MAKES NONWAIVABLE. THE LIMITATIONS ALSO DO NOT ALTER NOVABLOOM’S OBLIGATIONS UNDER APPLICABLE PRIVACY, CONSUMER HEALTH DATA, DATA SECURITY, OR BREACH NOTIFICATION LAW.

25. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless NovaBloom and its affiliates, members, managers, officers, employees, and agents from third party claims, damages, judgments, losses, liabilities, costs, and reasonable attorneys’ fees arising from or relating to your material breach of these Terms, your unlawful misuse of the Services, your infringement or misappropriation of another person’s rights, or your unauthorized disclosure or misuse of information obtained through cycle sharing, family billing, or another user directed feature.

This indemnification obligation does not require you to indemnify NovaBloom for NovaBloom’s own violation of law, willful misconduct, or other conduct for which indemnification is prohibited by law. NovaBloom will provide reasonable notice of an indemnified claim and may control the defense and settlement, provided NovaBloom may not enter a settlement that requires you to admit wrongdoing or personally pay a noncovered amount without your consent. If you are a minor, this section applies only to the extent enforceable under applicable law.

26. Third Party Platforms and App Stores

Your download and use of the App may be subject to the terms of the app store, device manufacturer, operating system provider, wireless carrier, or other platform through which you obtain or use the App. You must comply with applicable third party terms.

26.1 Apple App Store

If you download the App from Apple’s App Store, you and NovaBloom acknowledge that these Terms are between you and NovaBloom, not Apple. NovaBloom, not Apple, is responsible for the App and its content, subject to these Terms. Your license to use the App is limited to a nontransferable license to use it on Apple branded products that you own or control as permitted by the applicable Apple usage rules, including use through permitted family sharing or volume purchasing arrangements.

Apple has no obligation to furnish maintenance or support services for the App. To the extent any warranty is required by applicable law and is not effectively disclaimed, you may notify Apple and Apple may refund the purchase price, if any, for the App as required by Apple’s terms. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.

As between NovaBloom and Apple, NovaBloom is responsible for addressing claims by you or a third party relating to the App, including product liability claims, claims that the App fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar law, in each case subject to these Terms and applicable law. If a third party claims that the App or your possession and use of it infringes that third party’s intellectual property rights, NovaBloom, not Apple, is responsible for the investigation, defense, settlement, and discharge of the claim to the extent required by applicable law.

You represent that you are not located in a country or region subject to a United States Government embargo or designated by the United States Government as a terrorist supporting country or region, and that you are not listed on a United States Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of this Section 26.1 and, upon your acceptance of these Terms, have the right to enforce this Section against you as a third party beneficiary.

26.2 Google Play and Other Stores

If you obtain the App through Google Play or another app store, the applicable store’s purchase, subscription, refund, device, and usage terms also apply. To the extent there is a direct conflict concerning a transaction administered by that store, the store’s mandatory transaction rules control for that transaction.

27. Informal Dispute Resolution

Before either you or NovaBloom starts arbitration, the party asserting a dispute must provide the other party with an individualized written Notice of Dispute and allow 60 days for a good faith effort to resolve the matter. This requirement does not apply when immediate temporary relief is reasonably necessary to prevent imminent unauthorized access, misuse of confidential information, or infringement of intellectual property, or when a limitations period would expire before the notice process can be completed and tolling is not legally available.

A Notice of Dispute must include the claimant’s name and, if applicable, the email address associated with the NovaBloom Account, a description of the facts and legal basis of the dispute, the specific relief requested, and enough information for the receiving party to evaluate the claim. Notices to NovaBloom must be sent to legal@novabloom.io with the subject line “Notice of Dispute” or by mail to Novabloom LLC, Attn: Legal, 181 W Valley Ave Ste 245 #1427, Birmingham, Alabama 35209. NovaBloom may send a Notice of Dispute to the email address associated with your Account.

The parties will participate personally and in good faith in the informal process. Any applicable limitations period and filing fee deadline will be tolled during the 60 day informal resolution period to the extent permitted by law. If the dispute is not resolved within 60 days after receipt of a complete Notice of Dispute, either party may proceed as permitted by Section 28.

28. Binding Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND NOVABLOOM AGREE THAT COVERED DISPUTES WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, NOT BY A JUDGE OR JURY IN COURT. ARBITRATION IS LESS FORMAL THAN COURT LITIGATION, DISCOVERY MAY BE MORE LIMITED, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

28.1 Agreement to Arbitrate

Subject to the exceptions below, you and NovaBloom agree to arbitrate any dispute, claim, or controversy between you and NovaBloom arising out of or relating to the Services, these Terms, an Account, a subscription or purchase, communications, marketing, privacy or data practices, or the relationship between you and NovaBloom after you first affirmatively accept an arbitration agreement with NovaBloom. This includes disputes arising under a prior version of NovaBloom terms that you actually accepted, whether the claim arises in contract, tort, statute, fraud, misrepresentation, or another legal theory. This Arbitration Agreement does not create retroactive assent to arbitrate a dispute that arose before you first accepted an arbitration agreement with NovaBloom.

This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and evidences a transaction involving interstate commerce.

28.2 Claims Not Required to Be Arbitrated

Either party may bring an individual claim in small claims court if the claim qualifies and remains within that court’s jurisdiction. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction when reasonably necessary to prevent imminent unauthorized access to systems or data, misuse of confidential information, or infringement or misappropriation of intellectual property, pending a final decision by the arbitrator where applicable.

Nothing in this Arbitration Agreement prevents you from reporting a matter to, communicating with, or seeking relief from a government agency where applicable law permits. Nothing waives a right to seek public injunctive relief or another remedy in a forum where applicable law prohibits advance waiver of that right. If a court determines that a particular request for public injunctive relief or other remedy cannot lawfully be arbitrated or waived, that request will be severed and may proceed in court after completion of arbitration of the arbitrable claims, to the extent a stay is permitted by law.

28.3 Arbitration Administrator and Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules in effect when the arbitration is filed, as modified by this Section. If the applicable AAA Mass Arbitration Supplementary Rules apply under their own terms, those rules also apply. The rules are available from AAA at www.adr.org.

If AAA is unavailable or unwilling to administer an arbitration consistent with this Agreement, the parties will attempt in good faith to agree on a substitute administrator. If they cannot agree, a court of competent jurisdiction may appoint an arbitrator or administrator as permitted by 9 U.S.C. § 5.

28.4 Arbitrator Authority and Contract Formation

A court, not the arbitrator, will decide any dispute concerning whether an agreement to arbitrate was formed, whether a user validly opted out, whether a person had legal capacity to assent, or whether the class action waiver or this Arbitration Agreement as a whole is enforceable. After a court determines that an enforceable Arbitration Agreement exists, the arbitrator will decide disputes concerning the interpretation, scope, and application of this Arbitration Agreement to the claims, except to the extent applicable law requires a court to decide a particular issue.

The arbitrator may award the same individualized remedies that a court could award, including damages and individual injunctive or declaratory relief, subject to applicable law and the limitations in these Terms that are themselves enforceable. The arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

28.5 Location and Manner of Arbitration

Unless you and NovaBloom agree otherwise, an arbitration may be conducted by telephone, video conference, written submissions, or an in person hearing in the United States county or parish where you reside. The arbitrator will select the manner of hearing consistent with the AAA Consumer Arbitration Rules and the circumstances of the case.

28.6 Arbitration Fees and Attorneys’ Fees

Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules and applicable law. NovaBloom will pay any amount it is required to pay under those rules or applicable law. NovaBloom will not seek to recover its attorneys’ fees or arbitration costs from you unless an arbitrator determines that applicable law authorizes such an award, such as for a claim brought in bad faith or for an improper purpose. Nothing in this paragraph prevents you from seeking attorneys’ fees or costs where applicable law gives you that right.

28.7 Individual Relief Only and Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND NOVABLOOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL SEEKING RELIEF ON BEHALF OF OTHER PERSONS, OR PARTICIPANT IN A REPRESENTATIVE, COLLECTIVE, OR CONSOLIDATED PROCEEDING.

The arbitrator may not combine or consolidate claims of different persons or preside over any form of class, collective, or representative proceeding except where applicable law requires otherwise or where the parties expressly agree in writing after a dispute arises. This paragraph does not prevent an arbitration administrator from administratively coordinating multiple individual demands under generally applicable mass arbitration rules so long as each claimant’s claim remains individual to the extent required by this Agreement and applicable law.

If a court finally determines that this class action waiver is unenforceable as to a particular claim or request for relief, only that claim or request will be severed from arbitration and may proceed in court, while enforceable individual claims remain subject to arbitration, unless applicable law requires a different result.

28.8 Thirty Day Right to Opt Out

You may opt out of this Arbitration Agreement without affecting your ability to use the Services. To opt out, you must send notice within 30 days after the date you first affirmatively accept these Terms. You may send the notice by email to legal@novabloom.io with the subject line “Arbitration Opt Out” or by mail to Novabloom LLC, Attn: Arbitration Opt Out, 181 W Valley Ave Ste 245 #1427, Birmingham, Alabama 35209.

Your opt out notice must state your full name, the email address associated with your NovaBloom Account if you have one, and an unambiguous statement that you are opting out of the arbitration agreement in the NovaBloom Terms of Use. An opt out applies only to the individual who timely submitted it. NovaBloom will not penalize you for timely opting out.

28.9 Changes to the Arbitration Agreement

NovaBloom will not apply a material change to this Arbitration Agreement retroactively to a dispute of which NovaBloom had actual written notice before the change became effective. NovaBloom will require affirmative acceptance of a material change to this Arbitration Agreement before relying on that change against an existing Account holder, unless a change is required by law and applicable law permits a different method of notice.

28.10 Minors

For a Teen User, this Arbitration Agreement applies only to the extent an arbitration agreement with that user is valid and enforceable under applicable law. Nothing in this Section waives a minor’s nonwaivable rights concerning capacity, assent, or disaffirmance. An adult Family Billing Administrator’s acceptance of these Terms binds that adult with respect to the adult’s own relationship with NovaBloom, including authorized billing activity, but does not by itself constitute acceptance of an arbitration agreement on behalf of a Teen User where applicable law requires something more.

29. Governing Law and Court Venue

Except as governed by the Federal Arbitration Act or another controlling federal law, these Terms are governed by the laws of the State of Alabama, without regard to conflict of laws principles. This choice of law does not deprive you of protections of the law of your state or territory that cannot lawfully be waived by contract.

For a dispute that is not required to be arbitrated and is not properly brought in small claims court, you and NovaBloom consent to the personal jurisdiction of the state and federal courts located in Jefferson County, Alabama, unless applicable law gives you a nonwaivable right to bring the dispute in another forum. Nothing in this Section changes the location provisions governing an arbitration under Section 28.

30. Changes to These Terms

NovaBloom may revise these Terms as the Services, law, or business practices change. NovaBloom will post the revised Terms and update the “Last Updated” date. For a material change affecting existing Account holders’ rights or obligations, NovaBloom will provide reasonable advance notice through email, an in app notice, or another conspicuous method, except where a shorter period is reasonably necessary to address legal, regulatory, fraud, or security requirements.

When a material change requires renewed assent, NovaBloom will ask you to affirmatively accept the revised Terms before continuing to use the affected Account based feature. NovaBloom will not rely solely on silent continued use to impose a material new arbitration obligation on an existing Account holder. Section 28.9 separately governs changes to the Arbitration Agreement.

If you do not agree to revised Terms that require acceptance, you may stop using the Services and may delete your Account, subject to separately canceling any paid subscription.

31. General Provisions

31.1 Entire Agreement

These Terms and any Additional Terms that you affirmatively accept constitute the agreement between you and NovaBloom concerning the subject matter they address and supersede prior terms concerning that subject matter. The Privacy Policy and applicable Consumer Health Data Privacy Notices are privacy notices rather than independent contractual warranties except as expressly stated in those documents or required by law.

31.2 Severability and Reformation

If a provision of these Terms is found unlawful, invalid, or unenforceable, it will be enforced to the maximum extent permitted and, where lawful, limited or severed so the remaining provisions remain in effect. Section 28 contains additional severability rules for arbitration.

31.3 No Waiver

A failure or delay in enforcing a provision is not a waiver of that provision or any other right. A waiver is effective only for the specific matter for which it is given.

31.4 Assignment

You may not assign or transfer your Account or these Terms without NovaBloom’s prior written consent. NovaBloom may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, or similar transaction, or to an affiliate, subject to applicable law. Any transfer of personal information remains subject to applicable privacy law and the applicable privacy notices.

31.5 No Agency or Professional Relationship

These Terms do not create a partnership, joint venture, employment, agency, fiduciary, health care provider patient, or clergy counseling relationship between you and NovaBloom.

31.6 Force Majeure

NovaBloom is not responsible for a delay or failure to perform a nonpayment obligation to the extent caused by an event beyond NovaBloom’s reasonable control, such as widespread telecommunications failure, natural disaster, government action, labor disruption, war, civil disorder, or failure of a critical third party infrastructure provider, except to the extent applicable law provides otherwise.

31.7 Export and Sanctions Compliance

You may not use, export, reexport, or transfer the Services in violation of United States export control, sanctions, or other applicable trade laws. You represent that your use is not prohibited by applicable United States sanctions or restricted party rules.

31.8 Third Party Beneficiaries

Except for Apple and its subsidiaries as stated in Section 26.1 and persons expressly entitled to enforce a provision of Section 28, these Terms do not create third party beneficiary rights.

31.9 Headings and Electronic Records

Headings are for convenience and do not affect interpretation. You agree that electronic records and signatures may be used in connection with these Terms to the extent permitted by law. You may retain a copy of these Terms for your records.

31.10 Survival

Any provision that by its nature should survive termination will survive, including provisions concerning intellectual property, Feedback, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and general legal terms.

32. Contact Information

Questions about these Terms may be directed to:

Novabloom LLC
Attn: Legal
181 W Valley Ave Ste 245 #1427
Birmingham, Alabama 35209
Email: legal@novabloom.io

Privacy questions and privacy rights requests may be directed to privacy@novabloom.io or through any other method identified in NovaBloom’s applicable privacy notices.

END OF TERMS OF USE