As of January 15, 2024, this privacy policy illustrates the practices adopted by the BloomPay Financial group of companies, comprising various related entities and subsidiaries (collectively referred to as “BloomPay”, “we”, “us”, or “our”). The policy concerns the handling of personal data, which refers to any information that could be potentially linked to a specific individual. Please note that this policy is subject to alterations in compliance with various international laws and regulations and may provide additional information specific to certain countries. This policy, however, does not apply to BloomPay’s handling of its employees and contractors’ personal data.

1. Collection of Personal Data

We gather personal data from various sources as outlined below. Where necessary, we inform individuals why we need their personal data and the possible repercussions of not providing it.

A. Information that we collect when a consumer interacts with a BloomPay Point of Sales (POS) or other BloomPay payment methods

(i) Details we gather when individuals make a payment

When a payment is made using a BloomPay POS, the BloomPay Payment Gateway, the BloomPay App, the GoBloomPay App, or any other related payment method that BloomPay offers, we gather transactional data, which may include personal data. This data includes payment card details, name linked to the payment card, electronic signature, name and location of the merchant where the transaction took place, date and time of the transaction, transaction amount, and details about the products or services bought in the transaction.

(ii) Additional information customers may provide through the BloomPay POS.

We may gather additional information, depending on how a merchant sets up its BloomPay POS. This information could include:

Your email address or phone number, for instance, if you choose to receive a digital receipt or subscribe to marketing communications.

Your marketing preferences, such as your choice to receive marketing communications or newsletters.

Information about your participation in a merchant’s loyalty program, if offered and if you opt to participate.

Other information you choose to provide at the BloomPay POS, like your birthdate, interests or preferences, feedback, and reviews.

(iii) Additional information you may provide through the BloomPay App and BloomPay Go Apps

Upon using the BloomPay App, BloomPay Go App, or other BloomPay branded applications, you may provide information like your name, email address, phone number, account password, bank account information, payment card details, billing address, or other details you choose to provide, like your birth date, for rewards collection or account setup. If you allow the BloomPay App to access your location data, we will collect precise location information, depending on your device settings.

B. Information that we gather from merchants about their clientele

Our merchants may provide us with information about their clients, such as email addresses, phone numbers, and purchasing history when we manage marketing communications, promotions, or provide other services on behalf of the merchant.

C. Information that we gather about merchants and their personnel.

We may collect personal data from merchants (including potential customers) about themselves and their staff. We may gather this data in various situations, such as when completing one of our online forms, applying for our products or services, connecting with us on social media, or communicating with us. The data we collect in these contexts includes:

Contact details of the business entity and its personnel who interact with us, such as name, job title, address, phone number, and email address.

Profile details, like username and password that an individual may establish on one of our websites or mobile applications, along with any other information that an individual enters into their account profile.

Demographic details, such as date of birth, country of citizenship, and/or country of residence.

Information about an individual’s affiliation with a legal entity, such as an individual’s role, and whether the individual is a beneficial owner or authorized signatory.

Government-issued identification numbers (as permitted under applicable law), such as a national identification number, state or local identification number, and a copy of your government-issued ID.

Feedback and correspondence, such as information you provide when you request information from us, receive customer support, or correspond with us, including by interacting with our pages on social networking online sites or services.

Financial account information, such as payment card or bank account details.

Information about merchants, such as merchant name, merchant ID and category code, merchant location where a transaction occurred, and information about transactions processed by the merchant, including transaction volume, velocity, amounts, types of goods or services sold, and chargeback ratios.

Information about a merchant’s staff and their interaction with the BloomPay POS, such as clock-in and clock-out time, tips earned, and additional job-related information depending on how the merchant sets up its BloomPay POS.

Marketing information, like your preferences for receiving marketing communications, and details about how you engage with those communications.

2. Use of Personal Data

We use personal data to:

(i) Provide our products and services

(ii) Process transactions and conduct related activities, like authorization, clearing, chargebacks, billing and settlement, fraud screening, posing risks analysis, and compliance monitoring.

(iii) Communicate with merchants about their relationship with us and our products or services, including to improve customer experience.

(iv) Manage merchant accounts with us, like by updating records when a merchant’s information changes.

(v) Assess applications for our services made by merchants (or their personnel), such as underwriting merchants’ business activities prior to entering into a relationship with them.

2. Use of Merchant Personal Data

We use personal data of merchants and their personnel to:

(i) Provide our products and services

(ii) Process transactions on behalf of the merchant, including authorization, clearing, chargebacks, billing and settlement, fraud screening, posting risks analysis, and compliance monitoring.

(iii) Communicate with merchants about their relationship with us and our products or services.

(iv) Manage merchant accounts with us. This includes updating records when a merchant’s information changes.

(v) Assess applications for our services made by merchants (or their personnel), such as underwriting merchants’ business activities prior to entering into a relationship with them.

2.Use of Customer Personal Data

We may use personal data provided by customers in the following ways:

(i) To provide and improve our products and services, including processing transactions and conducting related activities such as authorization, clearing, chargebacks, billing and settlement, fraud screening, posing risks analysis, and compliance monitoring.

(ii) To communicate with you about your use of our products or services or to respond to inquiries or requests from you.

(iii) To personalize your experience with us by presenting products or offers tailored to you.

(iv) To comply with our legal and regulatory obligations.

(v) To protect the security and integrity of our products, services, and business operations.

(vi) To conduct research and analytics to better understand how customers use our products and services.

2.Sharing Personal Data

We may share personal data in the following situations:

(i) With third-party service providers who perform services on our behalf, such as payment processing, data analysis, marketing services, customer service, and fraud prevention. These third-party providers are not allowed to use personal data for any purpose other than to provide the requested services.

(ii) With our subsidiaries and affiliates for the purposes described in this policy. BloomPay’s subsidiaries and affiliates will only use personal data as described in this policy.

(iii) With law enforcement, government agencies, and regulators as required by applicable law or to defend our legal interests.

(iv) In connection with a change in ownership or control of BloomPay. If all or part of BloomPay is sold, merged, or otherwise transferred to another entity, your personal data may be transferred as part of that transaction.

(v) When you give us permission to share your personal data with third parties for their own marketing purposes.

1. Security of Personal Data

We take appropriate technical and organizational measures to protect the security, integrity, and confidentiality of personal data we collect from unauthorized access or disclosure. We also have policies in place to prevent unauthorized access and use of personal data by our employees and contractors. However, no method of transmission over the internet or electronic storage is completely secure, so we cannot guarantee its absolute security.

1. Retention

We will retain personal data for as long as necessary to fulfill the purposes outlined in this policy unless a longer retention period is required or permitted by law.

1. Your Rights

You have certain rights regarding your personal data, including:

(i) The right to access and receive a copy of the personal data we hold about you.

(ii) The right to request that we correct any inaccurate or incomplete personal data we hold about you.

(iii) The right to request that we delete your personal data, subject to any legal obligations to retain certain information.

(iv) The right to object to our processing of your personal data for direct marketing purposes.

To exercise any of these rights, please contact us using the information provided at the end of this policy.

1. Updates to This Policy

We may update this policy from time to time as our business practices and legal requirements evolve. Any changes will be reflected in an updated version posted on our website. We encourage you to review this policy periodically for any updates or changes.

1. Contact Us

If you have any questions about this policy or our processing of personal data, please contact us at:

Email: [email protected]

Thank you for choosing BloomPay as your trusted merchant processing partner. We understand the sensitivity surrounding the use of cannabis and we are committed to protecting your personal data while providing you with top-quality services. We are constantly striving to improve our products and customer experience, and we appreciate your feedback and support. Rest assured that we take the security of your personal data seriously and continuously work towards ensuring its protection. So, please feel free to reach out to us with any questions or concerns. We are here to assist you in any way we can.

 

Terms of Use Updated: June 8, 2023

1. Preamble

These Terms of Use (“Terms”), subject to updates and changes, represent the agreement between you, your authorized employees and representatives, and BloomPay Network, LLC along with its affiliates (collectively referred to as “BloomPay”), pertaining to your access and usage of BloomPay’s products and services (including all versions of the BloomPay Go application), collectively known as BloomPay Services. The obligations listed in these Terms that pertain to the usage of a Device (defined below) or the BloomPay Services, are additional to and not a substitute for any other obligations imposed on you by any Authorized Provider (as identified therein) under any separate agreement, covering the purchase or lease of such a Device or BloomPay Services.

2. Acceptance of Terms; Usage of BloomPay Services

2.1 The terms are accepted by you when you use any of the BloomPay Services or click to accept the Terms (where this option is made available to you). Your acceptance of these terms creates a contractual agreement between you and BloomPay. You cannot use the BloomPay Services if you do not accept the Terms. When you accept the Terms representing your business, you assure BloomPay of your authority to use the BloomPay Services and bind the business to the Terms.

2.2 On acceptance of the Terms, BloomPay will provide you with credentials to create a BloomPay Account. You are required to provide BloomPay with accurate, current, and complete information about you and your business (Account Information) and update your Account Information promptly after any changes. BloomPay may terminate your BloomPay Account and your access to the BloomPay Services if your Account Information is inaccurate or incomplete. You can use the BloomPay Account to connect to your BloomPay webpage (BloomPay Dashboard) via most internet browsers. You are responsible for any activity associated with your BloomPay Account. At any time, BloomPay may change the applications and their functionality that make up the BloomPay Services.

2.3 The BloomPay Services may provide you with access to the BloomPay App Market and links to software applications that you may obtain from BloomPay or third-party developers (each, an App) through the BloomPay Services. While third-party Apps may interact or function with the BloomPay Services, these Apps are not part of the BloomPay Services; these Apps are provided directly to you by the App developers. You have to enter into separate agreements with the App developers to use the Apps. You are solely responsible for your use of all Apps, compliance with corresponding agreements for Apps, and any associated fees or charges for the Apps. You use Apps at your own risk. Some BloomPay Services and applications may have additional terms that you must agree to before you can use them.

2.4 You shall adhere to any operating procedures, requirements, and guidelines applicable to your use of the BloomPay Services, including the BloomPay App Market Terms of Use (https://www.BloomPay.io/app-market-terms).

3.Granting of License

BloomPay grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense or assign in any way, to access and use the BloomPay Services for your internal business use solely in the United States to manage your business and/or carry out associated point of sale activities in line with these Terms.

4. Limitations

You shall not and shall not allow any third party to:

(a) access or attempt to access the BloomPay Services (or any part) that is not intended to be accessible to you;

(b) access or use (in any format) the BloomPay Services (or any part) through any time-sharing service, service bureau, network, consortium, or other means;

(c) without BloomPay’s prior written consent, use, ship or access the BloomPay Services (or any part) outside or from outside of the United States;

(d) carry out or attempt to carry out any actions that would interfere with the proper operation of the BloomPay Services, prevent access to or use of the BloomPay Services by other users, or impose a significant load on BloomPay’s infrastructure, network capability, or bandwidth; or

(e) use the BloomPay Services except as permitted in these Terms.

5. Other Requirements and Limitations

5.1 You may access the BloomPay Services through your tablet or other device identified by BloomPay as compatible with and capable of accessing and/or supporting the BloomPay Services (Device) using a wired (Ethernet) or wireless (Wi-Fi or cellular) connection to the Internet. You are solely responsible for the payment of any fees that may be levied by your Internet/data service provider, including all expenses associated with your access and use of the BloomPay Services.

5.2 You will be responsible for procuring, installing, maintaining, and updating all hardware, software, internet connections, and other equipment required to connect to and use the BloomPay Services (collectively referred to as “Equipment”). This Equipment includes any necessary updates or upgrades for the Equipment. You are responsible for any costs associated with the maintenance and repair of the Equipment.

5.3 BloomPay may make updates, changes, or improvements to the BloomPay Services, including but not limited to bug fixes, patches, new versions, updates, supplements or replacement of software components and products used by you in connection with the BloomPay Services (Updates). You agree that BloomPay may automatically deliver Updates to your Equipment as part of the BloomPay Services. You acknowledge and accept that certain functionality provided with or through the Updated Apps may be incomplete, non-functional, or contain errors.

5.4 Use of the BloomPay Services is subject to internet connectivity and data charges imposed by wireless carriers or Internet service providers. You are responsible for any costs associated with your use of the BloomPay Services, including data charges and internet connectivity fees.

5.5 The BloomPay Services may require you to enter into third-party agreements (such as payment processors) in order to access certain features or functionality. You agree to abide by all terms and conditions of any such third-party agreements,

6. Customer Communication Guidelines

6.1 Collecting and using customer contact details to converse with your customers through the BloomPay Services requires compliance with Appropriate Laws, including acquiring legally obligatory consent. It is your duty to instantly respect any customer’s decision to opt-out.

6.2 The use of BloomPay Services for marketing communications is only permitted with contact information provided by the consumer directly, respecting the consumer’s choice as mandated by law.

7. External Services

BloomPay Services may feature links to services, products, or promotions offered by third parties (External Services). The decision to use External Services necessitates understanding their terms and conditions. Any actions or failures to act by any external party falls outside of BloomPay’s responsibility.

8. Maintenance

8.1 It is within BloomPay’s right to conduct maintenance on the BloomPay Services. Resulting service interruptions, delays, or errors are not a liability of BloomPay.

8.2 Enhancements or improvements to the BloomPay Services can be released by BloomPay. Integrating and installing these updates within 30 days is your responsibility.

8.3 Certain software can automatically install new updates and components, possibly including a new version of the software. It is your responsibility not to interfere with the update process.

9. Charges

For using the BloomPay Services, it is agreed that you will pay the applicable fees, along with all applicable taxes (other than taxes based on BloomPay’s income).

10. Duration and Termination

10.1 Your responsibilities as per these Terms continue until either you or BloomPay terminate the account.

10.2 BloomPay may terminate, suspend, or refuse your access to the BloomPay Services without any warning.

10.3 Following termination, your access to and use of the BloomPay services must cease immediately.

11. Privacy and Data Use

11.1 All data, including customer information and information about your business, collected via the BloomPay website or during your use of the BloomPay Services, is BloomPay Data.

11.2 You must comply with all Applicable Laws relating to privacy, secrecy, confidentiality, collection, usage, sharing, security, protection, disposal, or international transfer of personal information.

11.3 You must implement reasonable security measures to protect personal information collected in connection with your use of the BloomPay Services.

11.4 A privacy policy applicable to your use of the BloomPay Services and BloomPay’s use of BloomPay Data must be maintained and made available to consumers.

11.5 You are responsible for ensuring any third parties with whom you share personal information fulfill the same level of privacy and data security protection that you do.

11.6 It is your responsibility to respond to any legally valid requests from individuals regarding their privacy or data subject rights.

11.7 By installing an App, you are authorizing and instructing BloomPay to process and transfer personal information to facilitate your use of the App, until you instruct BloomPay otherwise.

11.8 BloomPay may process BloomPay Data to create aggregated, anonymized, or de-identified information and use that information for its lawful business purposes.

11.9 You may not use the BloomPay Services to process certain personal information without prior written consent from BloomPay.

11.10 You agree to assist BloomPay in complying with its privacy or data protection legal obligations.

12. Confidentiality and Security

12.1 You must treat all proprietary information provided or made available to you by BloomPay with a reasonable degree of care. This confidential information should only be used in accordance with these Terms and must not be disclosed to any individual without prior written consent from BloomPay. Upon BloomPay’s request, you must either return or destroy all of BloomPay’s confidential information in your possession.

12.2 It is your sole responsibility to safeguard your account details, security questions and answers, login information, and any other security or access information related to the BloomPay Services. You must protect against unauthorized access to and use of any of your data related to the BloomPay Services (collectively referred to as Account Data). You are held liable for all electronic communications involving Account Data sent to BloomPay or any third party, and for all uses of the BloomPay Services associated with your Account Data, whether authorized by you or not. BloomPay is permitted to rely on usernames, passwords, and other security measures to verify access to the BloomPay Services. You must immediately alert BloomPay of any loss, theft, or unauthorized use of any Account Data. BloomPay reserves the right to deny access to the BloomPay Services if it suspects unauthorized use of Account Data.

12.3 You may offer feedback or suggestions about the BloomPay Services, including potential improvements. By contributing any ideas, you agree that: (a) BloomPay is under no obligation to maintain confidentiality or impose usage restrictions on the idea; (b) your submission will not be confidential; and (c) BloomPay has the freedom to use and disclose the idea without notifying or compensating you. You relinquish any claims against BloomPay arising from the receipt, review, use, or disclosure of any part of an idea.

13. Intellectual Property Rights

13.1 All rights, titles, and interests in all proprietary information and intellectual property related to the BloomPay Services, including all software, content, designs, techniques, procedures, methods, updates, changes, or modifications, remain the exclusive property of BloomPay, its affiliates, vendors, or licensors. You are prohibited from using the Marks, which include BloomPay’s names, logos, emblems, brands, service marks, trademarks, and other proprietary designations, without prior written consent from BloomPay.

13.2 You must not, and must not allow any third party to: (a) decompile, disassemble, reverse engineer, or otherwise attempt to gain access to the source code or underlying ideas or algorithms of the BloomPay Services; (b) modify, translate, or alter the BloomPay Services or the Marks; (c) create derivative works from the BloomPay Services or the Marks; (d) copy the BloomPay Services except for backup and archival purposes; (e) publish, upload, post, transmit, or distribute the BloomPay Services in any format unless permitted by these Terms; (f) remove, relocate, or alter any proprietary rights notices from the BloomPay Services or the Marks.

13.3 If you are given copies of or access to any software or documentation, unless otherwise stated in writing, they are provided on a personal, non-exclusive, non-transferable, non-assignable, revocable limited license for the period of your subscription to the BloomPay Services. You’re only allowed to use this software and documentation to receive the BloomPay Services on devices that you own or have licensed.

13.4 You must not take any actions that may challenge the ownership as stated in this section. You will not file any action that challenges the ownership of any part of the BloomPay Services, any related software, materials, or documentation. If you fail to comply, it will constitute a significant breach of these Terms.

14. BloomPay Services Disclaimer

The use of BloomPay Services is at your own risk. To the maximum extent permitted by law, the BloomPay Services are provided “as-is.” BloomPay makes no representations or warranties regarding the quality, suitability, merchantability, or fitness for a particular purpose of the BloomPay Services. BloomPay disclaims all guarantees that the BloomPay Services will operate without interruption or errors; that the BloomPay Services are secure, free from viruses or other harmful components; or that the BloomPay Services do not infringe the rights of any person.

15. Your Obligations

15.1 You must adhere to all relevant federal, state, and local laws, rules, or standards concerning your utilization of BloomPay Services, including regulations related to your handling and provision of any cardholder data, customer information, or other point of sale data accessed or provided in conjunction with the BloomPay Services (hereby referred to as Relevant Laws). Furthermore, you must use BloomPay Services in accordance with these Terms and not for any illegal activities.

15.2 You bear the sole responsibility for acquiring all necessary permits, consents, and licenses, for monitoring legal developments relevant to BloomPay Services and your business operations, for interpreting Relevant Laws and regulations, for determining what constitutes compliance with all Relevant Laws and regulations, and for sustaining an on-going compliance program.

15.3 You are solely accountable for ensuring the accuracy, quality, integrity, legality, and appropriateness of all data regarding your business that you provide to BloomPay or its service providers in relation to the BloomPay Services. If applicable, you are solely responsible for verifying that all data transferred to a Device by BloomPay or its service providers at your behest is accurate before utilizing such Device for your business. BloomPay and its service providers entirely disclaim any liability arising from inaccuracies in any information or data you provide.

15.4 By employing Google Pay, you hereby accede to Google Pay API Terms of Service.

16. Limitation of Liability and Compensation

Neither BloomPay nor its affiliates or directors, officers, employees, agents, or subcontractors will be held accountable under any theory of tort, contract, or other legal theory for lost profits, lost revenues, lost business opportunities, exemplary, special, punitive, incidental, indirect, or consequential damages arising out of or related to these Terms, each of which is excluded by agreement between you and BloomPay, regardless of whether such damages were foreseeable or whether any person has been notified of the potential for such damages. BloomPay’s (and its affiliates’) cumulative liability for all losses, claims, suits, controversies, breaches, or damages for any cause (including any of BloomPay’s indemnification obligations), regardless of the action form or legal theory, will not exceed the fee amount received by BloomPay under these Terms for the three-month period immediately preceding the month in which such liability arose.

17. Indemnification

You will indemnify, defend, and hold BloomPay harmless (and BloomPay’s employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorney’s fees) emerging from any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to:

• Any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms, including without limitation any violation of our policies or the card associations’ rules;
• Your wrongful or inappropriate use of the BloomPay Services or any Third-Party Services;
• Any transaction submitted by you through the BloomPay Services or any Third-Party Services (including without limitation the accuracy of any product information that you provide or any claim or dispute arising out of products or services offered or sold by you);
• Your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights;
• Your use of any personal information obtained in connection with your use of the BloomPay Services, any Third-Party Services, or the Device, or any Apps used on the Device;
• The activities under your Account, or any other party’s access and/or use of the BloomPay Services, any Third-Party Services, or Device with your unique username, password, API key, or other appropriate security code;
• Your failure to maintain reasonable security in connection with the use of the BloomPay Services, any Third-Party Services, or the Device;
• Any data breach, information security incident, or similar, arising from your action or inaction;
• Your violation of any law, rule, or regulation of the United States or any other country; or
• Any other party’s access and/or use of the BloomPay Services or any Third-Party Services with your usernames, password, and any other sign-on credentials/access controls for the BloomPay Services or any software provided or approved by BloomPay to authenticate access to, and use of, the BloomPay Services, any Third-Party Services, and any software.

18. Representations and Warranties

You represent and warrant that:

• You are validly existing, in good standing, and have the right, power, and authority to enter into and perform under these Terms;
• Any sales transaction submitted by you to BloomPay will represent a bona fide sale;
• Any sales transaction submitted by you will accurately describe the goods and services sold and delivered to your customers;
• You and all transactions initiated or received by you through BloomPay comply with all state, federal, foreign, and local laws, rules, regulations, orders and requirements that are applicable to you; and
• The person accepting these Terms is duly authorized to accept these Terms on your behalf.

Furthermore, you acknowledge and agree that:

• You are not relying on any representation or warranty made by BloomPay that has not been expressly stated in these Terms;
• No statement or information, whether oral or written, obtained from BloomPay will create any representation or warranty from BloomPay unless expressly stated in these Terms;
• BloomPay makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services or any content; and
• BloomPay does not represent or warrant that:
• The use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data;
• The Services will meet your requirements or expectations;
• Any stored data will be accurate or reliable;
• The quality of any products, services, information, or other material purchased by you through the Services will meet your requirements or expectations;
• Errors and defects in the Services will be corrected; or
• The Services or the servers that make the Services available will be free of viruses or other harmful components.

BloomPay reserves the right to change any part of its services at any time without notice, and you agree that BloomPay has no obligation to provide you with any specific content or feature. Additionally, BloomPay makes no representations regarding the use or results of the Services in terms of their correctness, accuracy, reliability, or otherwise. You agree that BloomPay will not be responsible for any loss or damage caused by the unauthorized access to your account and information.

Finally, you acknowledge and agree that BloomPay does not support or provide services for illegal activities. As a merchant processing website that deals with state-sanctioned cannabis, it is your responsibility to ensure that you comply with all laws and regulations. BloomPay reserves the right to terminate or suspend your account immediately without notice if it suspects any illegal activities or violation of these Terms. BloomPay also reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

19. Consent to Digital Communication

19.1 You agree that BloomPay, along with its associates and any subcontractors and/or agents, may employ automated dialing systems, artificial or pre-recorded voices, or both, to contact you at the provided phone number(s) and may even leave a detailed voice message if you are unavailable. This includes cellular or wireless numbers and numbers that may have been previously registered on a Do Not Call list or selected not to be solicited.

19.2 You consent to receiving electronic commercial messages, including emails, SMS, text messages, and phone calls, from BloomPay, its associates and any third-party sales contractors and/or agents.

20. Amendments

BloomPay reserves the right to modify or supplement these Terms at any time, and to alter, remove, cease, or impose conditions on any aspect or feature of the BloomPay Services. BloomPay will provide a notice that we deem reasonable under the circumstances, such as notice on BloomPay’s website or any other site owned or maintained by BloomPay. Any usage of BloomPay Services after the publication of any changes or provision of notice will indicate your acceptance of the modified Terms.

21. Assignability

These Terms, and any rights or licenses granted under them, cannot be transferred or assigned by you (including by law, transfer of voting control or otherwise) without BloomPay’s prior written consent, but can be assigned by BloomPay without any restrictions.

22. General Provisions

These Terms are the complete statement of the agreement between you and BloomPay and outline the entire liability of BloomPay, its associates, its vendors, and its suppliers (including processors) and your exclusive remedy with respect to your usage and access to BloomPay Services. In case of conflict between these Terms and the Privacy Notice, the Privacy Notice shall supersede. These Terms will be governed and interpreted in accordance with the laws of the State of Georgia, irrespective of its conflicts of laws provisions. You and BloomPay Financial agree to submit to the exclusive jurisdiction of the courts located in Atlanta, Georgia to resolve any legal matter arising from these Terms. If any provision of these Terms is held invalid or unenforceable under applicable law, then it will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, with the remaining provisions continuing in full force and effect. These Terms do not limit any rights that BloomPay may have under trade secret, copyright, patent, or other laws. Except for BloomPay’s affiliates and as otherwise stated herein, no persons shall be third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and BloomPay’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Notices sent to your last known e-mail address or postal address, as indicated in our records, shall constitute effective notice to you under these Terms.

23. Contacting BloomPay

If you have any questions about these Terms, please contact BloomPay Financial at [email protected]

24. BloomPay’s Food and Services Ordering Platform

24.1 Customers can place orders for food and beverages, including state-sanctioned cannabis products, via the Food Ordering Platform, accessible through the BloomPay dashboard. By using this platform, users agree to all Google terms associated with this service.

24.2 You must supply BloomPay with updated URLs to your terms of service and privacy policy and confirm they adhere to all relevant laws. Notify BloomPay immediately if these URLs change.

24.3 Any actions or services by you or your third-party providers related to order fulfilment must also comply with all laws concerning privacy and data protection. This includes offering individuals access to their personal data and the right to amend or delete it if it is inaccurate or has been processed unlawfully.

24.4 Under no circumstances should you, or any authorized third-parties, create fraudulent activity, withhold transaction-related activity, gather information unethically, provide outdated or incorrect information, engage in deceptive practices, tamper with customer reviews, interfere with the Food Ordering Program, or use customer information for anything other than fulfilling an order.

24.5 You take responsibility for your actions and those of your third-party providers. You cannot claim or imply that you or your providers are BloomPay employees or affiliates.

24.6 You must be truthful and precise when providing information about your services to third-parties.

24.7 You must cooperate with BloomPay who may want to verify your identity, check legal compliance, or gather information for quality assurance purposes or to operate the Food Ordering Program.

24.8 Always work cooperatively and in good faith with BloomPay and Google to ensure a positive customer experience. You are only permitted to use BloomPay’s name with written pre-approval.

24.9 You bear sole responsibility for establishing and communicating your cancellation and refund policies to customers. BloomPay is not responsible for facilitating refunds or dealing with cancelled orders.

24.10 If you sell alcoholic beverages, you must ensure the customer placing the order is of legal drinking age and comply with all regulations regarding alcohol sales.

24.11 Google Data obtained through the Food Ordering Program, can only be used to assist customers with their specific orders. You are not allowed to share Google Data with third parties, use it for marketing purposes, or process data outside the United States. Comply with all laws and privacy notices when handling Google Data, and, upon request, prove your compliance to BloomPay.

24.12 You must have adequate measures in place to protect Google Data from being accidentally or unlawfully destroyed, lost, altered, disclosed, or accessed. In the event of a security incident, notify BloomPay promptly, investigate the incident, and work with BloomPay to rectify it. You are responsible for all costs related to data breaches or non-compliance with security measures.

24.13 BloomPay reserves the right to suspend or terminate your access to the Food Ordering Platform if you violate these terms, state laws, federal laws, Google policies, or if your use of the platform negatively impacts BloomPay’s reputation or ability to provide services.

24.14 You may terminate your participation in the Food Ordering Program at any time by providing written notice to BloomPay. BloomPay also reserves the right to terminate your participation at any time for any reason, including if you violate these terms or state and federal laws.

24.15 Any disputes or conflicts arising from these terms will be resolved through mediation and arbitration, as outlined in Section 21.

24.16 These terms are subject to change at any time, and BloomPay will provide notice of changes through the Food Ordering Platform or by email. Continued use of the platform after such notice constitutes acceptance of the updated terms.