These Terms govern access to and use of the Site and the Services provided by Bloum Pty Ltd (“Bloum”). Clients and other users which use the Site or any of the Services agree to be bound by the following Terms. Please read the Terms carefully. Use of the Site or any of the Services indicates an acceptance of these Terms. If you do not accept these Terms, you must not use the Site or any of the Services.

Bloum may amend these Terms from time to time. The scope or content of the Services may also be changed by Bloum from time to time. The amended Terms will be published on the Site and be effective from the date of publication. Bloum will make every effort to communicate substantial changes to you via email or notification on the Site. Use of the Site or the Services after such amendment indicates an acceptance of the amended Terms.

These Terms were last updated on 21 June 2021.

Breach of any of the Terms may result, among other things, in the termination of your account.

Definitions

Account Holder – The individual who registers to use the Service on behalf of a Client.

Client – The entity or organisation, represented by the Account Holder, that acquires the Services from us.

Bloum, We, Us – mean Bloum Pty Ltd and all related entities.

Invited User – Any person or entity, other than the Client and Account Holder, that uses the Service from time to time, at the invitation of, and with the authorisation of, the Account Holder.

Services – The various services made available through the Site and otherwise provided or made available by us.

Site – The Internet sites available at [insert website] and any other site operated by Bloum.

Terms – This Terms of Service agreement.

You, Your – Refers to all users of the Site and Services, including Clients, Invited Users and the Account Holder, unless expressly specified.

A. Account Terms

1. In return for payment of the subscription fees by the Client, we agree to provide the Services to the Client on these Terms.
2. Users must use the nominated email address and password (together referred to as your “login”) to use the Site. Your login is used by you to access the Site and the Services. Bloum is entitled to assume that all access to and use of the Site and the Services using your login is access and use by you.
3. A login may only be used by one individual – a single login shared by multiple individuals is not permitted. The Account Holder may create separate logins for as many individual users as the Client’s subscription plan allows.
4. You are responsible for maintaining the security of your account and password. Bloum is not responsible for any loss or damage arising from your failure to comply with this security obligation.

B. Payment, Refunds, Upgrading and Downgrading Terms

1. The services and prices are described in detail at bloum.ai
2. Payments will be charged using the credit card or other payment mechanism we have on record for the Client (or the Account Holder on behalf of the Client).
3. The Service is billed in advance on an annual basis and those fees are non-refundable. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
4. Payments will cover the use of the contracted Services for an annual subscription period as agreed.
5. All fees are inclusive of Australian GST (if required) but exclusive of all other taxes, levies, or duties imposed by taxing authorities. The Client is responsible for payment of all such taxes, levies, or duties.
6. For any upgrade or downgrade in plan level, the Client will be charged the new rate commencing from the start of your next billing cycle.
7. Downgrading your Service may cause a reduction in features, or capacity of your Account. Bloum has no liability for such reduction.
8. Unless the Client (through the Account Holder) notifies Bloum before the end of the applicable subscription period that the Client wants to cancel, using the method described in Section 3 below, your subscription will automatically renew at the end of the then-current period and you authorise us to collect the then-applicable subscription fee in accordance with item B.1 above.

C. Cancellation and Termination

1. If you, as the Client, wish to terminate your account, the Account Holder must notify us by emailing us at support@bloum.ai by providing 30 days written notice.
2. Upon cancellation, accounting data associated with your account will be retained for a short period to allow reversal of the cancellation, after which it will be irrevocably deleted from the Service. Bloum reserves the right to maintain non-identifiable, anonymised, data for statistical and security purposes and logging data in accordance with our Privacy Policy found at bloum.ai
3. There is no refund or credit of fees for cancellation during an annual subscription period.
4. Failure to pay our fees for any reason may result in the suspension or termination of a Client’s account (including all associated user accounts) and, after a short period, the deletion of those accounts and associated data. The Client will be forewarned before the termination of their account and given a reasonable period of time to correct any outstanding financial issues.
5. Bloum, in its sole discretion, may decline to provide Services to anyone for any reason, and may suspend or terminate accounts and refuse access to or use of the Services for any reason at any time. Termination of the Services will result in the deactivation or deletion of user accounts or access to user accounts. Bloum will forewarn the Client before account termination.

D. Modifications to the Service and Prices

1. Bloum may modify or discontinue the Services (or any part of them) with or without prior notice.
2. Prices of all Services, including but not limited to annual subscription plan fees to the Service, are subject to change by us upon 30 days’ prior notice. Such notice may be provided by us at any time by posting the changes to the site, by email, or provided through the Service itself.
3. Bloum is not liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

E. Copyright and Data Ownership

1. This Agreement does not transfer from Bloum to you any Bloum or third party intellectual property rights, and all right, title and interest in and to such rights will remain (as between the parties) solely with Bloum.
2. We claim no intellectual property rights over the data you provide to the Service. As between the parties, all data uploaded by you remain yours.
3. You must maintain copies of all your data input into the Service. Bloum adheres to appropriate professional practice and procedures to reduce the risk of data loss, including a daily system data back-up, but does not make any guarantees that there will be no loss of data. Bloum expressly excludes liability for any loss of data no matter how caused.
4. Bloum may at any time or from time to time use your data to derive non-personally-identifying, and non-company identifying, information in aggregate form. (e.g., for industry benchmarking or statistical analysis). You hereby consent to such use of your data by Bloum.
5. The Services and the Site are protected by copyright, trade mark, trade secret and other intellectual property rights. All such rights are reserved. The Services and the Site are copyright © 2021 Bloum Pty Ltd. You may not reproduce, publish, copy, or reuse any portion of the application code, or visual design elements or concepts included in the Services or the Site without express prior written consent from Bloum.
6. You must not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any software used to deliver the Services.

F. Managing data privacy and data sharing among entities

1. The Service allows data import and analysis from multiple entities and sources (for example, Student Information Systems, School Administration Systems, Learning Management Systems, and Standardised Testing Services). The Service also allows an organisation to create user accounts for that organisation’s own users. Data from such entities and clients may be entered, analysed and managed within the Service. Importantly, you are required to ensure the appropriate roles and permissions are applied in order to avoid data being inappropriately shared amongst the different systems, entities and sources.
2. Clients must consider the data privacy arrangements you have in place with employees, team members or related entities before adding them as an Invited User into Bloum, importing their data into Bloum, or adding a client company to a benchmark group.
3. You acknowledge and agree that Bloum may collect, use and store the following data as part of the delivery of the Service:
   a. user information (for staff and students) such as first name, middle name, last name, email address, role(s) at school (such as Student, Teacher, Principal), associated school(s);
   b. school information such as school name, school structure (learning areas, subjects, classes), staff, students;
   c. student specific information such as student portrait photo, graduating year, academic data, attendance data, wellbeing data, standardised testing data, pastoral care data; and
   d. school system (Student Information Systems, School Administration Systems, Learning Management Systems) information such as database connection parameters
4. You further agree to allow Bloum to undertake the following in relation to the data extracted or obtained:
   a. generate insights such as statistical calculations or statistical forecasting calculations;
   b. use in areas such as machine learning, analysis, predictive analysis and/or analytics;
   c. perform identified comparisons (within a single school only);
   d. perform de-identified comparisons (between schools); and/or
   e. extract required data from school systems through the use of our provided agent which is installed on premises (at the school).
5. Bloum agrees that it will only collect, use and disclose personal information in accordance with the Bloum Privacy Policy located at bloum.ai.

G. General Conditions

1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders and is only available via email. Support is only available in English.
3. You understand that Bloum uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Bloum is not responsible for the continuity of the services provided by those vendors.
4. You must not attempt to undermine the security or integrity of Bloum’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks. You must not use, or misuse, the Services in any way which may impair the functionality of the Services or Site.
5. You understand that Bloum has certain user system requirements which you are responsible for providing and installing. Such requirements include a suitable up-to-date internet browser. For example you may be required to install a piece of software called Agent (which we provide) on premise that allows us to extract required data from your systems into Bloum.
6. You understand that the technical provision of the Service, including your data, may involve (a) transmissions over various third party networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. In using the Site or the Services, you must not submit content that is misleading or deceptive, unlawful, defamatory, infringes others’ rights, or is likely to cause offence to a reasonable adult. We may amend or remove user-contributed content or terminate your account at our discretion and without prior notice if such content is submitted. If any use by you of the Site or the Services is in our reasonable opinion an unacceptably high-volume use (including, for example, where that use adversely affects others’ normal use) then we may take action to limit or prohibit your use, for a period of time or permanently.
8. Bloum does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) any errors in the Service will be corrected.

H. Limitation of Liability

1. You expressly understand and agree that Bloum shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in contract, negligence or otherwise, including but not limited to: damages for loss of profits, goodwill, use, data, information, interference with privacy, business interruption, or other intangible losses relating directly or indirectly to these Terms, the Site or the Services. These exclusions apply even if we knew or should have known that you might suffer loss.
2. If any term is implied by law in these terms and cannot be excluded, then we limit our liability to you under that term to the maximum extent permitted by law.
3. If you are not satisfied with the Services, your sole and exclusive remedy is to terminate the use of the Services in accordance with Section C.
4. If you suffer loss or damage as a result of Bloum’s negligence or failure to comply with these Terms, and the exclusion in clause H.1 above does not exclude Bloum’s liability, then any claim by you against Bloum arising from Bloum’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the access fees paid by you in the previous 12 months.
5. The failure of Bloum to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Bloum and govern your use of the Service, superseding any prior agreements between you and Bloum (including, but not limited to, any prior versions of the Terms of Service).
6. The laws of the State of Victoria, Australia will apply to these Terms.

I. Notices

1. Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Bloum must be sent to support@bloum.ai or to any other email address notified by email to you by Bloum. Notices to You will be sent to the email address which you provided when setting up your access to the Service.