TERMS AND CONDITIONS OF USE FOR OUR BLOOM⁴³APP 

Welcome to BLOOM⁴³, by Plexāā Ltd.  

Our app aims to provide breast surgery patients with trusted and accredited information and support throughout their surgical journey. 

Below are our terms of use for our BLOOM⁴³ App (defined below). 

Please note that the content of the BLOOM⁴³ App is not intended in any way to be a substitute for professional medical advice, diagnosis, or treatment. Using Bloom⁴³ does not establish a doctor-patient relationship. The app does not collect, store, or process Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act (HIPAA). Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read within our content.  If you think you may have a medical emergency, speak to your doctor or contact the emergency services immediately. 

IMPORTANT NOTICE: 

USE OF THE BLOOM⁴³ APP: BY TICKING TO ACCEPT THESE TERMS AND CONDITIONS, YOU WILL BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT TICK TO ACCEPT THEM. 

You should PRINT a copy of these Terms for future reference or email a copy to yourself. 

  1. IMPORTANT THINGS TO BE AWARE OF IN OUR TERMS 
     
    1.1 Definitions: 
     
    1.1.1 “BLOOM⁴³ App” means the BLOOM⁴³mobile application software version 1.1.1 and any subsequent versions made available to you by us from time to time. 
     
    1.1.2 “Content” means all information and materials provided by us to you via the BLOOM⁴³ App, including but not limited to: articles, video content, and other similar material and information that is made available to you within the BLOOM⁴³ App. 
     
    1.1.3 “Free Services” means any service we provide free of charge as more particularly described at paragraph 4.1 
     
    1.1.4 “Services” means the Free Services through the BLOOM⁴³ App. 
     
    1.2 Your use of the BLOOM⁴³ App is entirely optional. 
     
    1.3 Using the BLOOM⁴³ App doesn’t mean that you don’t have to keep your devices secure. You still need to keep your devices and confidential information secure. Also, you are responsible for any use made of the BLOOM⁴³ App on the devices onto which it has been downloaded. You must therefore keep access to it secure. 
     

  1. ABOUT THESE TERMS 
     
    2.1 These terms and conditions (“Terms”) apply to your use of our BLOOM⁴³ App and are the terms on which we supply the BLOOM⁴³ App Services to you. 
     
    2.2 Please read these Terms carefully before you download the BLOOM⁴³ App and create an account with us in order to access the BLOOM⁴³ App and any BLOOM⁴³ App Services. These Terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what our liability to you is, what to do if there is a problem, and other important information. If you think that there is a mistake in these Terms or you think these terms require any changes, please contact us to discuss. 
     
    2.3 We may amend these Terms from time to time and will inform you by email of any significant changes made. 
     

  1. WHO WE ARE 

We are Plexāā, a trading name of Plexāā Ltd, a company registered in England with company number 11798195. Our registered office is at 20-22 Wenlock Road, London, Greater London N1 7GU, United Kingdom. You can contact us by email at app@plexaa.com.  

4. SERVICES 
 
4.1 Free services: We agree to provide you with the following Free Services under these Terms:  

4.1.2 All Content provided by us to you via the BLOOM⁴³ App. 

4.1.3 Access to your own “my health” section within the BLOOM⁴³ App where you can log your medical history, surgery information, and treatment details, as well as upload personal images and clinical documents for your use only. 

4.1.4 Complete the optional symptoms questionnaire via the BLOOM⁴³ App to track your symptoms and to allow you to generate a symptoms tracker report. 

4.1.5 Access to a community forum within the BLOOM⁴³ App, which enables you to engage in group conversations, propose new discussion topics, and join live sessions with expert speakers (“Community Forum Contribution”). 
 
5 CHARGES FOR THE SERVICES 

5.1 The BLOOM⁴³ App is made available to you for download and use free of charge. 

5.2 The Free Services are made available to you once you create an account with us and will be provided to you free of charge. 

6 OUR RIGHTS AND RESPONSIBILITIES 

6.1 We own and operate the BLOOM⁴³ App and any Services. We will use reasonable endeavours to keep the technology powering the BLOOM⁴³ App and the Services operational, allowing for appropriate maintenance windows and acknowledging that a certain amount of unscheduled downtime is inherent in web-based services such as the Services. 

6.2 We will perform the Services using reasonable skill and care. We offer no other warranty in respect of the Services, and all warranties which would otherwise be implied into these Terms by operation of law are excluded to the fullest extent permitted. 

6.3 We may add or remove features from the BLOOM⁴³ App or any Services from time to time. We will use reasonable endeavours to inform you of changes to features of the BLOOM⁴³ App or any Services likely to have a significant impact on how you use it. 

6.4 We do not warrant or accept any responsibility for the accuracy or completeness of the Content or related information provided on the BLOOM⁴³ App or through any Services. 

6.5 The BLOOM⁴³ App and any Services are for guidance and information purposes only, and all Content provided on the BLOOM⁴³ App or through any Services is not intended to amount to medical advice on which reliance should be placed. We do not have knowledge of your specific state of health, and although the Content is intended to provide general information which may be of interest to you, we cannot guarantee that the Content is suitable for your personal health and symptoms. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read within the Content.  If you think you may have a medical emergency, call your doctor or the emergency services immediately. We do not recommend or endorse any specific tests, doctors, products, procedures, opinions, or other information that may be mentioned within the Content. We, therefore disclaim all liability and responsibility arising from any use of, or reliance on, any Content by you. 

6.6 Although we make reasonable efforts to update the information on the BLOOM⁴³ App and any Services, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date. We will update and maintain the Content on the BLOOM⁴³ App as we deem necessary from time to time. 

6.7 You must obtain professional or specialist advice before taking or refraining from any action on the basis of the Content on the BLOOM⁴³ App or through any Services provided by us. 

7 YOUR RESPONSIBILITIES GENERALLY 

7.1 You must be 18 years or older to use the BLOOM⁴³ App and our Services. 

7.2 You are responsible for ensuring that all persons who access our BLOOM⁴³ through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. 

7.3 In order to use the BLOOM⁴³ App, you must create an account with us. To register, we will ask you to provide us with your full name, display name, email address, your phone number (used for two-factor authentication “2FA” when you log in), your date of birth, your ethnic origin, your sex assigned at birth, and your country of residence.  

7.4 You will be asked to choose a password. Once we have verified your email address, you will be notified that your account has been successfully activated.  

7.5 You may not create an account with us using an assumed name or someone else’s identity. 

8 BLOOM⁴³ APP LICENCE 

Subject to your compliance with the Terms and the Apple Application Store or Google Android terms and conditions (discussed in further detail at paragraph 20), we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the BLOOM⁴³ App on a single, authorised mobile device that you own or control solely for your lawful, personal, and non-commercial use. 

9 BLOOM⁴³ APP LICENCE RESTRICTIONS 

9.1 You agree that you will: 

9.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the BLOOM⁴³ App in any form, in whole or in part to any person without prior written consent from us; 

9.1.2 not copy the  BLOOM⁴³ App, except as part of the normal use of the BLOOM⁴³ App or where it is necessary for the purpose of back-up or operational security; 

9.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the BLOOM⁴³ App nor permit the BLOOM⁴³ App to be combined with, or become incorporated in, any other programs, except as necessary to use the BLOOM⁴³ App on devices as permitted in these Terms; 

9.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the BLOOM⁴³ App nor attempt to do any such things; and 

9.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the BLOOM⁴³ App. 

10 ACCEPTABLE USE OF THE BLOOM⁴³ APP AND SERVICES 

10.1 You must: 

10.1.1 not use the BLOOM⁴³ App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the BLOOM⁴³ App, or any Services or any operating system; 

10.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the BLOOM⁴³ App or any Services, including by the submission of any material (to the extent that such use is not licensed by these Terms); 

10.1.3 not transmit any material that is illegal, fraudulent, defamatory, offensive or otherwise objectionable in relation to your use of the BLOOM⁴³ App or any Services; 

10.1.4 not use the BLOOM⁴³ App, or any of the Services to provide, or purport to provide, medical advice; 

10.1.5 not use the BLOOM⁴³ App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and 

10.1.6 not collect or harvest any information or data from the BLOOM⁴³ App or any Services or our systems or attempt to decipher any transmissions to or from the servers running the BLOOM⁴³ App or any Services. 

11 COMMUNITY FORUM CONRIBUTION 

11.1 You agree that: 

11.1.1 Any Community Forum Contribution you post to the BLOOM⁴³ App: 

(a) is your own original work; 

(b) has been lawfully provided to us (in particular, it is not in breach of any intellectual property rights of any third parties) and that you have all necessary consents to provide this to us; 

(c) is not made to endorse or recommend, actively, any particular product or service; and 

(d) is not made to endorse, recommend or be hostile toward any specific surgeons or healthcare professionals;  

(e) is respectful to other users. 

11.1.2 In engaging in our community forum and posting any Community Forum Contribution on the BLOOM⁴³ App, you agree: 

(i) not to deliberately post hostile messages (also known as ‘flaming’ or ‘bashing’); 

(ii) not to befriend any other users in an abusive or exploitative manner (also known as ‘grooming’); 

(iii) that your Community Forum Contribution does not contain any material which might bring us or the BLOOM⁴³ App into disrepute; 

(iv) not to promote violence, any pornographic material or any activity that is illegal; and 

(v) not to promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. 

11.2 Any reliance you may place on any Community Forum Contribution is at your own risk. You should make all such reasonable enquiries as are necessary (including with any qualified third parties) and take all such reasonable steps to protect yourself if you wish to rely on any information in any Community Forum Contribution on the BLOOM⁴³ App. The Community Forum Contribution is provided either by you and other users of the BLOOM⁴³ App for general information and discussion purposes only. It does not constitute technical or medical advice or any other type of advice and should not be relied on for any purposes. We therefore disclaim all liability and responsibility arising from your use of, or reliance on, any Community Forum Contribution. 

11.3 Any Community Forum Contribution you upload to the BLOOM⁴³ App will be considered non confidential and non-proprietary. 

11.4 If you believe a Community Forum Contribution uploaded to the BLOOM⁴³ App is in breach of these Terms and you wish to complain, you may notify us by clicking on the “Report” button within the BLOOM⁴³ App. 

11.5 We reserve the right to remove any Community Forum Contribution reported to us that in our opinion does not comply with these Terms.   

12 INTELLECTUAL PROPERTY RIGHTS 

12.1 We own or are licensed to use the intellectual property rights in the BLOOM⁴³ App and our Services, including our branding and the underlying technologies. You may not make any use of or exploit in any way any of our intellectual property rights. 

12.2 You acknowledge that all intellectual property rights in the BLOOM⁴³ App and the Services anywhere in the world belong to us or our licensors, that rights in the BLOOM⁴³ App and the Services are licensed (not sold) to you, and that you have no rights in, or to, the BLOOM⁴³ App, or the Services other than the right to use each of them in accordance with these Terms. 

13 OUR LIABILITY TO YOU 

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. 

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. 

13.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 

13.4 We only supply the BLOOM⁴³ App and any Services for domestic and private use. You agree not to use the BLOOM⁴³ App and any Services for any commercial, business or re-sale purpose and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

13.5 If our provision of the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. 

14 ACCESSIBILITY AND COMPLIANCE 

We are committed to ensuring that the Bloom⁴³ App is accessible to all users, including those with disabilities. In accordance with the Web Content Accessibility Guidelines (WCAG) 2.1 AA standards, we strive to provide an accessible and user-friendly experience. We are continuously working to improve accessibility and ensure that our app complies with applicable accessibility laws. If you have any difficulty accessing our services or have suggestions for improvement, please contact us at app@plexaa.com 

 

15 WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM 

15.1 We do not guarantee that the BLOOM⁴³ App will be secure and free from bugs or viruses. 

15.2 You are responsible for configuring your information technology, computer programmes, device and platform in order to access the BLOOM⁴³ App. You should use your own virus protection software. 

16 YOUR RIGHTS TO END THE CONTRACT WITH US 

16.1 You may end these terms by: 

16.1.1 de-activating your account at any time by emailing app@plexaa.com and requesting that your account is de activated; and 

16.1.2 deleting the BLOOM⁴³ App completely from all devices. 

16.2 Once you have de-activated your account your profile will no longer be visible.  

17. OUR RIGHTS TO END THE CONTRACT WITH YOU 

17.1 We may end these Terms for convenience and without any liability, by giving you written notice. 

17.2 We may end these Terms immediately and cancel your access to the BLOOM⁴³ App you if you have broken these Terms in a serious way such as: 

17.2.1 if you breach any of the licence restrictions, acceptable use restrictions or Community Forum Contribution obligations in paragraphs 9,10 and 11 of these Terms; 

17.2.2 if we are subject to any laws or regulations which require us to end your use of the BLOOM⁴³ App and/or the Services; or 

17.2.3 if we have security concerns in relation to your use of the BLOOM⁴³ App and/or the Services. 

17.3 If what you have done can be put right, we will give you a reasonable opportunity to do so. 

18. END OF CONTRACT 

18.1 If these Terms are ended: 

18.1.1 the licence to use the BLOOM⁴³ App and all rights given to you under these Terms shall stop immediately; 

18.1.2 you must immediately stop using the BLOOM⁴³ App and the Services; and 

18.1.3 you must immediately delete or remove the BLOOM⁴³ App from all devices. 

19. HELP DESK 

Should you require any help using the BLOOM⁴³ App or the Services, please email us at: app@plexaa.com. 

20. APPLE APPLICATION STORE OR GOOGLE ANDRIOD TERMS MAY APPLY 

The ways in which you can use the Services may also be controlled by the Apple Application Store or Google Android terms and conditions and policies and they will apply instead of these Terms where there are differences between the two. 

21. OPERATING SYSTEM REQUIREMENTS FOR THE BLOOM⁴³ APP 

21.1 The BLOOM⁴³ App requires one of the following devices: 

21.1.1 Apple: An Apple device running on iOS 13.4 and above. You will also need a minimum of 100MB of spare storage space on your chosen device. 

21.1.2 Android: An Android device with internet access running Android v7.0 or above operating system. You will also need a minimum of 100MB of spare storage space on your chosen device. 

21.2 We may decide at our sole discretion at any time in the future to discontinue supporting any of these operating systems. 

22 YOUR PRIVACY 

When we process your personal data, we do so in accordance with applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA), and as outlined in our Privacy Policy (which may be updated from time to time). By using the BLOOM⁴³ App and our Services, you acknowledge and agree to the processing of your personal data as described in our Privacy Policy, which is hereby incorporated into these Terms by reference. Our privacy policy can be found here (ADD LINK) 

Your Rights Under CCPA 

If you are a California resident, you have the right to opt out of the sale or sharing of your personal data as defined under the California Consumer Privacy Act (CCPA). We do not sell personal data, but if we ever engage in such activities, you will have the right to opt out. 

To exercise your right to opt out, please follow the instructions in our Privacy Policy.(ADD LINK) 

 

23 COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION 

23.1 If you have a complaint, please email us at info@bloom43com.   

23.2 In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform via https://webgate.ec.europa.eu/odr/main/?event=main.home.show. 

24 OTHER IMPORTANT TERMS 

24.1 These Terms and the documents referred to in them contain the whole of the agreement between you and us relating to the Service. 

24.2 No representation or other pre-contractual statement will have any legal effect unless (and solely to the extent that) it is repeated in these Terms. 

24.3 These Terms are the terms of a contract whereby we provide you with access to our Services. Nothing in these Terms will create any relationship of partnership, agency or employment between us. 

24.4 No waiver of any of these Terms will be valid unless we agree it in writing. 

24.5 These Terms and all non-contractual obligations arising out of or in connection with them are governed by English law and subject to the exclusive jurisdiction of the English courts.