Terms of Service

These Terms of Service ("Terms") govern your use of the Bloomly Sites website at bloomlysites.com and the website design, hosting, and related services provided by Bloomly Growth Services, doing business as Bloomly Sites, based in Red Oak, Texas ("Provider," "we," "us"). By using our website, contacting us, opting in to our calls or texts, or enrolling in a plan, you (the "Customer," "you") agree to these Terms. Your privacy is addressed in our Privacy Policy, which is incorporated into these Terms by reference.

1. Services

Provider will design and build a custom website for Customer's business, under the plan and payment structure (Monthly Plan or One-Time Plan) Customer selects at checkout — see Section 4 for how those two structures differ. Website development begins after Customer provides the business information, content, and any images reasonably requested by Provider. Provider will use commercially reasonable efforts to publish an initial version of the website within a reasonable time after receiving that information, and to accommodate reasonable revision requests consistent with the plan selected.

2. Plans & pricing

Current plans, features, and pricing for both the Monthly Plan and the One-Time Plan are published at bloomlysites.com and are shown again, along with the exact amount Customer is agreeing to pay, on the checkout page immediately before payment. These Terms intentionally don't restate specific dollar amounts, so that a pricing update never leaves this document out of sync with what's actually charged — the checkout page and Customer's payment confirmation are the controlling record of the price agreed to. Regardless of plan tier, Customer may add unlimited update requests to their plan for the added monthly fee shown at bloomlysites.com, in place of the update allowance that otherwise comes with their plan (see Section 3).

3. Edits & updates

This section applies once Customer's site is live, for any request to change something on it.

• Turnaround. Provider completes edit requests within 1 business day of receiving a complete, actionable request (Premium plan: same business day).
• What counts as an edit. Text and copy changes, swapping or adding photos, updating hours/pricing/contact information, and minor layout or styling tweaks all count as edit requests. A full redesign, additional pages beyond what Customer's plan includes, or adding booking/ordering/payment functionality are bigger changes that Provider will quote separately or suggest an upgrade for.
• How many are included. The number of edit requests included per month depends on Customer's plan, as published at bloomlysites.com. Unused edit requests don't roll over. One-Time Plan customers don't have ongoing edits included (see Section 4.2) but can add them the same way any plan can.
• Fair use. Plans advertised with "unlimited" edit requests are subject to reasonable, good-faith use for an individual business's own site.
• How to request one. Email hello@bloomlysites.com with what you'd like changed.

4. Payment terms

4.1 Monthly Plan

1. This Agreement begins on the date Customer electronically signs and completes checkout, and continues month to month until canceled by either party as described in Section 5.1.
2. Customer authorizes Provider's payment processor (Stripe) to automatically charge Customer's payment method on file the applicable monthly plan fee, in advance, on the same day of each month as the initial charge, until the subscription is canceled.
3. If a payment fails, Provider's payment processor may automatically retry the charge. Provider may suspend the website and services if payment remains unsuccessful after a reasonable number of retry attempts and notice to Customer.
4. The Monthly Plan fee includes the initial website build — there is no separate setup fee.

4.2 One-Time Plan

1. The one-time design & build fee shown at checkout is due in full before Provider begins work, and covers design and build only.
2. Once the website is live, Customer owns the completed build outright (see Section 6.3) — the only ongoing cost is hosting and domain renewal, billed separately at Provider's actual cost (typically $10–20/month).
3. Provider will invoice Customer for hosting/domain costs as they come due. If an invoice goes unpaid, Provider may take the hosted copy of the site offline after reasonable notice — this doesn't affect Customer's ownership of the build itself under Section 6.3.

All fees are in U.S. dollars and do not include applicable sales tax, which may be collected automatically at checkout where required.

5. Cancellation & discontinuing service

5.1 Monthly Plan

Customer may cancel at any time, with no minimum commitment, by emailing hello@bloomlysites.com or through the billing management link in Customer's payment receipt. Cancellation takes effect at the end of the then-current monthly billing period; the website and hosting remain active through that date. Fees already paid for the current billing period are non-refundable, including for partial months.

5.2 One-Time Plan

Since the design & build fee is a one-time payment, there's nothing to "cancel" — Customer can stop paying for hosting at any time (see Section 4.2) without losing ownership of the site build.

6. Website ownership & content

1. Customer content. Customer retains all rights to the business name, logo, photos, copy, and other materials Customer provides ("Customer Content"), and grants Provider a license to use Customer Content solely to build, operate, and display Customer's website.
2. Monthly Plan. The underlying template, design system, code structure, and hosting infrastructure remain the property of Provider. This is a hosted subscription service, not a work-for-hire transfer of the codebase. When the subscription ends, Provider will take the site offline; upon written request within 30 days of cancellation, Provider will provide a copy of Customer Content (text and images), but is not obligated to transfer the underlying code.
3. One-Time Plan. Once the design & build fee is paid in full, Customer owns the completed website build outright, including the code and files as delivered, and may host it anywhere. This does not extend to Provider's general-purpose design system, reusable components, or tooling.

7. Communications — phone calls & text messages

By providing your phone number to Bloomly Sites — through our website form, our SMS opt-in page, during a call, or otherwise — you agree that we may contact you at that number by phone call and, where you have opted in, by text message (SMS/MMS), as described here and in our Privacy Policy.

• Text message program. If you opt in, we may send (a) customer-care and account notification texts, and/or (b) marketing and promotional texts, according to the consents you select. You may opt in on our opt-in page, through a form, or verbally.
• Consent is not a condition of purchase. You are never required to agree to receive marketing texts in order to buy anything from us.
• Frequency & rates. Message frequency will vary. Message and data rates may apply.
• Help & opt-out. Reply HELP for help or STOP to cancel at any time. After you reply STOP we will send one confirmation and stop texting that number. You may also ask us to stop calling at any time.
• Automated technology. Where you have provided the appropriate consent, calls or texts may be sent using automated or prerecorded technology. Consent to such contact is not a condition of purchase.
• Carriers. Mobile carriers are not liable for delayed or undelivered messages.

8. Customer responsibilities

Customer agrees to provide accurate business information and timely feedback, and represents that all content it provides (text, images, logos, testimonials) is either owned by Customer, used with permission, or otherwise lawful for Provider to publish. Customer is responsible for the accuracy of business claims, pricing, and offers displayed on the website, and for ensuring it has the right to provide any phone number it submits for contact.

9. Disclaimer of warranties

The website and services are provided "as is." Provider does not guarantee any specific level of web traffic, leads, search engine ranking, or business results. Provider disclaims all other warranties, express or implied, to the maximum extent permitted by law.

10. Limitation of liability

To the maximum extent permitted by law, Provider's total liability arising out of these Terms will not exceed the total fees Customer paid to Provider in the three (3) months (or, for a One-Time Plan customer, the design & build fee) preceding the claim, and Provider will not be liable for indirect, incidental, special, or consequential damages, including lost profits or lost business opportunities.

11. Indemnification

Customer agrees to indemnify and hold Provider harmless from any claim arising from Customer Content or from Customer's provision of a phone number it was not authorized to provide, including claims that content infringes a third party's intellectual property or other rights.

12. Termination for cause

Either party may terminate these Terms immediately if the other party materially breaches them and fails to cure that breach within 10 days of written notice.

13. Force majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including outages of third-party hosting, payment, messaging, or infrastructure providers.

14. Governing law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

15. Changes to these Terms

Provider may update these Terms from time to time. Provider will make reasonable efforts to notify Customer of material changes (such as by email) before they take effect. Continued use of the site or services after a change takes effect constitutes acceptance of the updated Terms.

16. Electronic signature & entire agreement

By checking the "I agree to the Terms of Service" box and typing your full legal name at checkout, you are electronically signing these Terms, and you agree that your electronic signature is the legal equivalent of your handwritten signature under the U.S. E-SIGN Act and the Texas Uniform Electronic Transactions Act. These Terms, together with the plan and pricing details presented at checkout and our Privacy Policy, are the entire agreement between Customer and Provider regarding the services described here, and supersede any prior discussions.

Contact

Bloomly Growth Services (DBA Bloomly Sites) · Red Oak, Texas · hello@bloomlysites.com