Terms of Service

These Terms of Service ("Terms") govern your access to and use of the NuBloom platform, including our website at nubloom.co, web application at app.nubloom.co, and mobile application (collectively, the "Service"), operated by NuBloom ("we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

The Service is intended for use by licensed or credentialed healthcare providers, including International Board Certified Lactation Consultants (IBCLCs), Registered Nurses (RNs), and other allied health professionals, as well as the patients they serve. By using the Service as a provider, you represent that you hold valid professional credentials and are authorized to provide lactation care in your jurisdiction.

Patient accounts are created by invitation from a provider or through a provider's public booking link. NuBloom does not independently verify provider credentials or licensing status. You are solely responsible for maintaining current licensure and operating within your scope of practice.

2. Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Provide accurate and complete information when creating your account
• Keep your login credentials secure and not share them with others
• Notify us immediately at [email protected] if you suspect unauthorized access to your account
• Log out of the Service when using shared or public devices
• Promptly revoke access for team members who leave your organization or whose credentials lapse, by removing or changing their role in your account settings

We may suspend or terminate accounts that show signs of unauthorized access or misuse.

3. Permitted Use

The Service is provided solely for the purpose of managing a lactation care practice, including clinical charting, scheduling, billing, patient communication, growth tracking, and related clinical workflows. You agree not to:

• Use the Service for any purpose other than legitimate healthcare practice management
• Store data unrelated to your healthcare practice (personal files, non-clinical records) in the Service
• Attempt to access another user's account or data without authorization
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Introduce viruses, malware, or other harmful code into the Service
• Use automated tools to scrape, crawl, or extract data from the Service
• Perform benchmark testing or competitive analysis of the Service without our prior written consent
• Use the Service to send unsolicited marketing communications to patients
• Use the Service in a way that imposes an unreasonable or disproportionate load on our infrastructure, including excessive automated, broadcast, or non-clinical use
• Sublicense, resell, or redistribute access to the Service without our written consent

You are responsible for all content you upload or enter into the Service, including clinical documentation, patient records, and documents. You represent that you have the right to store and process such content and that it does not violate any applicable law.

4. Subscription and Billing

4.1 Plans and Pricing

Access to the Service requires a paid subscription after any applicable free trial period. Current pricing is available at nubloom.co/pricing. We reserve the right to change pricing with 30 days' notice. Price changes do not apply to the current billing cycle.

4.2 Free Trial

New accounts may include a free trial period. No credit card is required to start a trial. At the end of the trial, you must subscribe to continue using the Service. If you do not subscribe, your account will be suspended but your data will be retained for a reasonable period to allow you to reactivate.

4.3 Payment

Payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis according to your selected plan. Subscriptions renew automatically unless cancelled before the next billing date. We do not store credit card numbers or bank account details on our servers.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. We do not provide prorated refunds for partial billing periods.

4.5 SMS Usage

Your subscription includes a monthly allocation of SMS messages for appointment reminders, booking confirmations, and patient notifications. Usage beyond the included allocation is billed at the per-message rate shown in your account settings. SMS usage is metered and billed monthly. A hard cap may apply to prevent unexpected charges; once reached, SMS sending pauses until the next billing cycle.

4.6 Telehealth and Reasonable Use

Managed telehealth is included with your subscription for ordinary one-to-one lactation care visits conducted through the Service. It is not intended for broadcast events, non-clinical streaming, resale, continuous unattended video, or use as a general-purpose video hosting service.

We may monitor aggregate Service usage, including video bandwidth and call activity, to operate, secure, and improve the Service, prevent abuse, and manage infrastructure costs. We may contact you, request changes, apply reasonable technical limits, or suspend telehealth access if your use materially exceeds ordinary clinical use, degrades the Service, creates security or compliance risk, or imposes disproportionate infrastructure costs. We will try to work with you in good faith before applying limits, except where immediate action is needed to protect the Service or others.

5. Your Data

5.1 Ownership

You retain all rights to the data you enter into the Service, including patient records, clinical documentation, billing information, and communications. We do not claim ownership of your data.

5.2 License to Operate

By using the Service, you grant us a limited license to host, store, process, and transmit your data solely for the purpose of providing the Service. We will not use your data to train machine learning or artificial intelligence models, for marketing purposes, or for any purpose unrelated to delivering the Service to you. This license terminates when you delete your account.

5.3 Data Export

You may request an export of your data at any time by contacting us at [email protected]. We will provide your data in standard, machine-readable formats (such as CSV for tabular data, JSON for structured records, and PDF for signed clinical documents) within 30 days of your request.

5.4 Data Deletion

Upon account termination, we will delete your data from active systems within 90 days, except where retention is required by law or for legitimate compliance purposes. Signed clinical documentation may be retained in accordance with applicable healthcare record retention laws (which in many jurisdictions require retention for 7 to 10 years for adult records and longer for minors). We strongly recommend exporting your data before terminating your account. Backup copies may persist for up to 30 additional days before being purged.

6. HIPAA and Compliance

6.1 Business Associate Agreement

By creating an account and accepting these Terms, you enter into a Business Associate Agreement (BAA) with NuBloom as required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA, 45 C.F.R. Parts 160 and 164). This BAA governs our obligations as your Business Associate regarding the handling of Protected Health Information (PHI). The terms of this BAA are as follows:

• We will use and disclose PHI only as permitted by HIPAA and as necessary to provide the services described in these Terms.
• We will implement appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of electronic PHI, in accordance with the HIPAA Security Rule.
• We will report any breach of unsecured PHI to you without unreasonable delay and no later than 60 calendar days after discovery.
• We will ensure that any subcontractors who access PHI agree to the same restrictions and conditions that apply to us under this BAA.
• We will make PHI available to you as required to fulfill your obligations under HIPAA, including responding to individual access requests, amendment requests for PHI in designated record sets, and requests for an accounting of disclosures.
• We will make our internal practices, books, and records relating to PHI available to the Secretary of Health and Human Services for determining compliance with HIPAA.
• Upon termination of your account, we will return or destroy all PHI in our possession, except where retention is required by law.

If your organization requires a custom BAA or has additional compliance requirements, contact [email protected].

6.2 Provider Responsibilities

As a healthcare provider, you are responsible for:

• Complying with all applicable federal, state, and local healthcare laws and regulations, including HIPAA, state licensure requirements, and the HITECH Act
• Obtaining any required patient consents before entering their information into the Service
• Ensuring the accuracy and completeness of clinical documentation
• Selecting accurate CPT, ICD-10, and other billing codes for superbills, claims, and invoices
• Managing access within your organization by assigning appropriate roles (owner, admin, provider, billing, readonly, intern) and promptly revoking access when it is no longer needed
• Configuring SMS consent settings and messaging boundaries in accordance with applicable regulations, including the Telephone Consumer Protection Act (TCPA)
• Maintaining your own copies of clinical records independent of the Service in accordance with your record retention obligations

6.3 Not Medical Advice

The Service is a practice management tool. It does not provide medical advice, diagnoses, or treatment recommendations. Growth charts, percentile calculations, and other reference data displayed in the Service are informational tools and do not substitute for clinical judgment. All clinical decisions remain the sole responsibility of the treating provider.

7. Patient Portal

7.1 Patient Accounts

Patients may access the Service through a patient portal, either by invitation from their provider or by registering through a provider's public booking link. By creating a patient account, you agree to these Terms as they apply to your use of the patient portal.

7.2 Patient Portal Features

The patient portal may include access to appointment scheduling, intake forms, secure messaging with your provider, document viewing, invoice viewing and payment, and related features as configured by your provider. Your provider controls which portal features are available to you.

7.3 Clinical Data

Your clinical records are managed by your healthcare provider, not by NuBloom. Requests to access, amend, or delete your clinical data should be directed to your provider. NuBloom manages your portal authentication credentials (email, password) and may process your data as a Business Associate of your provider under HIPAA.

7.4 Intake Forms

Your provider may require you to complete an intake form before accessing the full patient portal. Information you submit through intake forms is stored as part of your clinical record and is governed by your provider's privacy practices.

8. Billing and Insurance Disclaimers

8.1 Billing Tools

The Service provides tools for generating superbills, invoices, and insurance claims. These tools assist providers in preparing billing documents but do not constitute a billing service, clearinghouse, or claims submission service. NuBloom does not guarantee the accuracy, completeness, or acceptance of any billing document generated through the Service.

8.2 Insurance Claims

NuBloom does not guarantee that insurance claims will be accepted, processed, or reimbursed by any payer. The provider is solely responsible for verifying patient eligibility, selecting appropriate billing codes, and ensuring claims comply with payer requirements. NuBloom is not liable for claim denials, underpayments, or delays in reimbursement.

8.3 Patient Payments

When patients pay invoices through the Service, payments are processed by Stripe. NuBloom is not a party to the financial transaction between the provider and patient. Disputes regarding charges, refunds, or billing accuracy are between the provider and patient. Providers using Stripe Connect are subject to Stripe's Connected Account Agreement.

9. SMS Communications

9.1 Types of Messages

The Service sends SMS messages on behalf of providers for appointment reminders, booking confirmations, and secure messaging notifications. SMS messages do not include clinical details or Protected Health Information. Appointment reminders may include scheduling information such as date, time, and practice name.

9.2 Consent and Opt-Out

Providers are responsible for obtaining appropriate consent from patients before enabling SMS notifications, in compliance with the Telephone Consumer Protection Act (TCPA) and applicable state laws. Message frequency varies based on appointment activity and messaging. Standard message and data rates may apply. Patients may opt out of SMS notifications at any time by replying STOP to any message or by contacting their provider. Opting out of SMS does not affect access to the patient portal or other features.

9.3 Delivery

SMS messages are delivered through third-party carriers. NuBloom does not guarantee delivery, timing, or receipt of any SMS message. We are not responsible for carrier delays, failures, or charges imposed by your wireless provider.

10. Third-Party Services

10.1 Subprocessors

We use third-party service providers to operate the Service, including providers of cloud hosting and database infrastructure, offline data synchronization, payment processing, transactional email delivery, and SMS messaging. Each subprocessor processes data only as necessary to perform its function and is bound by contractual obligations to protect your information, consistent with Section 6.1.

10.2 Third-Party Terms

Your use of third-party services integrated with the Service (such as Stripe for payment processing) may be subject to those providers' own terms and privacy policies. NuBloom is not responsible for the availability, accuracy, or conduct of any third-party service.

11. Intellectual Property

The Service, including its design, features, code, documentation, and branding, is owned by NuBloom and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or other brand features. You may not use our name or branding without prior written permission.

12. Service Availability

12.1 Uptime

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to planned maintenance, infrastructure issues, or circumstances beyond our control. We will provide reasonable advance notice for scheduled maintenance when possible.

12.2 Offline Access

Certain features of the Service are available offline through encrypted local data storage on your device. Data entered offline syncs automatically when connectivity is restored. Some operations (such as signing clinical notes, sending messages, processing payments, and submitting claims) require an active internet connection. Logging out of the Service permanently deletes all locally stored data from the device.

12.3 Modifications

We may modify, update, or discontinue features of the Service at any time. For significant changes that materially affect your use, we will provide at least 30 days' notice via email or in-app notification.

13. Limitation of Liability

To the maximum extent permitted by applicable law, NuBloom shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to loss of data, loss of revenue, loss of patients, interruption of business, or costs of procuring substitute services.

Our total aggregate liability for any and all claims arising from these Terms or your use of the Service shall not exceed the total amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim.

The limitations in this section do not apply to: (a) either party's indemnification obligations; (b) either party's breach of confidentiality obligations or misuse of the other party's intellectual property; or (c) liability arising from a party's willful misconduct or gross negligence.

14. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, secure, or available at all times. We do not warrant that growth charts, percentile calculations, or reference data are free from error. We do not warrant the accuracy or completeness of any billing codes, claim forms, or financial calculations generated by the Service.

15. Termination

Either party may terminate these Terms at any time. You may terminate by cancelling your subscription and deleting your account. We may terminate or suspend your access if you violate these Terms, fail to pay applicable fees, or if we are required to do so by law. We will provide 30 days' notice before terminating your account for non-payment, during which time you may cure the default.

Upon termination, you may request an export of your data as described in Section 5.3. Sections that by their nature should survive termination will survive, including Sections 5 (Your Data), 6 (HIPAA and Compliance), 8 (Billing Disclaimers), 13 (Limitation of Liability), 14 (Disclaimer of Warranties), 16 (Indemnification), 17 (Dispute Resolution), and 19 (Governing Law).

16. Indemnification

You agree to indemnify and hold harmless NuBloom, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including HIPAA; (d) the accuracy of clinical documentation, billing codes, or claims you create using the Service; or (e) any dispute between you and your patients.

17. Dispute Resolution

17.1 Informal Resolution

Before filing any formal proceeding, you agree to attempt to resolve disputes informally by contacting us at [email protected]. We will attempt to resolve the dispute within 60 days. If the dispute is not resolved within that period, either party may proceed as described below.

17.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration shall take place in Wilmington, Delaware (or remotely at your election). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.

17.4 Opt-Out

You may opt out of the arbitration and class action waiver provisions of this Section 17 by sending written notice to [email protected] within 30 days of creating your account. Your notice must include your name, account email address, and a clear statement that you wish to opt out. If you opt out, disputes will be resolved in the state or federal courts located in Delaware.

17.5 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights. Claims within the jurisdiction of small claims court may also be brought in court.

17.6 Time Limitation

Any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the cause of action arises, or it is permanently barred.

18. Force Majeure

Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions or orders, cyberattacks, utility or internet outages, cloud infrastructure provider failures, labor disputes, or acts of terrorism ("Force Majeure Event"). The affected party shall promptly notify the other party and use reasonable efforts to resume performance.

A Force Majeure Event does not relieve either party of its data security or confidentiality obligations, including obligations under HIPAA. If a Force Majeure Event prevents performance for more than 90 consecutive days, either party may terminate these Terms upon written notice.

19. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. To the extent that litigation is permitted under Section 17, any proceedings shall be brought in the state or federal courts located in Delaware, and both parties consent to the exclusive jurisdiction of those courts.

20. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email at least 30 days before they take effect and by posting the updated Terms on this page with a revised "Last updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you may terminate your account as described in Section 15.

21. Miscellaneous

• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and NuBloom regarding the Service and supersede all prior agreements.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.
• Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, with notice to you.
• Notices. We will send notices to the email address associated with your account. You are responsible for keeping your email address current.

22. Contact Us

If you have questions about these Terms, contact us at:

• General support: [email protected]
• Privacy and HIPAA: [email protected]
• Legal: [email protected]
• Website: nubloom.co/contact