2026-04-15

Terms of Service

Version: 1.0
Effective date: 01.03.2026
Last updated: 01.03.2026

These Terms of Service ("Terms") govern access to and use of the BloomLightly SaaS platform (the "Service"). By creating an account, accessing, or using the Service, you agree to these Terms.

1. Provider and Contracting Entity

1.1. The Service is provided by Clownfish Web Artur Cichosz, a sole entrepreneur (JDG) established in Poland, address: Blacharska 32/2B, 53-206 Wrocław, NIP: 8992691252, VAT UE: PL8992691252 ("Provider", "we").
1.2. Contact: support@bloomlightly.com.
1.3. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" means that organization.

2. Definitions

2.1. "Account" means credentials and profile used to access the Service.
2.2. "Customer Data" means data submitted to or generated in the Service by or for Customer.
2.3. "Free Tier" means no-fee plan subject to technical and usage limits.
2.4. "Paid Plan" means subscription plan with recurring fees and/or usage-based charges.
2.5. "Usage Metrics" means measurable parameters used for limits, billing, and abuse prevention (e.g., growing area, units, task volume, integrations, and related operational indicators).
2.6. "Camera Snapshot Data" means still image uploads (e.g., JPEG), camera identifiers, timestamps, and related webhook security metadata.
2.7. "Farm Workspace" means a tenant-scoped farm environment with owner and optionally invited staff users with role-based permissions.
2.8. "Authorized User" means any natural person authorized by Customer to access a Farm Workspace (including owner and staff members).
2.9. "Anonymized Analytics Data" means data derived from Customer Data that has been transformed so that no identified or identifiable natural person can be singled out, linked, or inferred by means reasonably likely to be used.

3. Service Scope and Nature

3.1. The Service is software supporting farm operations, planning, logs, reporting, integrations, and workflow management.
3.2. The Service provides operational tools and information only. It does not provide legal, tax, investment, medical, agronomic, or other regulated professional advice.
3.3. You are solely responsible for business decisions, legal compliance, and outcomes resulting from your use of the Service.
3.4. Camera snapshot webhook functionality (if enabled) is designed for periodic still-image monitoring only, not continuous surveillance, facial recognition, or biometric identification.
3.5. The Service may include AI-assisted features, including optimization suggestions based on your operational telemetry and workflow inputs.
3.6. AI-Assisted Features and Recommendations
Certain features of the Service may provide automated insights, optimization suggestions, forecasts, or recommendations based on Customer Data, telemetry, or usage patterns.
These outputs are generated through automated models and statistical processing and are provided solely for informational and operational support purposes.
You acknowledge that such outputs:
(a) may be incomplete, inaccurate, or unsuitable for specific conditions;
(b) do not constitute professional, agronomic, legal, financial, or safety advice;
(c) must be independently evaluated by you before implementation.
You remain solely responsible for operational decisions, agricultural practices, resource allocation, and any actions taken based on outputs generated by the Service.
3.7. Operational Outcomes
The Service supports planning, monitoring, and operational recordkeeping but does not control physical equipment, environmental conditions, biological processes, or farm infrastructure unless explicitly documented.
Agricultural outcomes depend on numerous factors outside the Service's control, including environmental conditions, seed quality, human actions, equipment performance, pests, disease, and other external variables.
The Provider does not guarantee production outcomes, crop yields, quality results, or operational efficiency resulting from use of the Service.
3.8 AI Systems and Human Oversight
Certain components of the Service may incorporate machine learning models, statistical analysis, or other automated processing techniques ("AI Features") to generate insights, optimization suggestions, forecasts, or pattern detection based on Customer Data and operational telemetry.
These AI Features are designed solely to assist users in interpreting operational data and identifying potential optimization opportunities. They do not autonomously control farm infrastructure, production equipment, environmental systems, or biological processes.
You acknowledge that:
(a) AI-generated outputs are probabilistic and may contain errors, omissions, or inaccurate interpretations;
(b) such outputs are provided for informational and decision-support purposes only;
(c) all operational decisions remain subject to human review, judgment, and control by you or your Authorized Users.
You remain solely responsible for evaluating AI-generated outputs and determining whether and how to act upon them.
To the extent applicable, the Service is intended to function as a human-supervised decision-support system rather than an autonomous decision-making system.
The Provider does not represent or warrant that AI-generated outputs will be accurate, complete, or suitable for any specific agricultural, operational, or business purpose.

4. Eligibility, Registration, and Accounts

4.1. You must provide accurate, complete, and up-to-date information.
4.2. You are responsible for all actions performed through your Account, including by invited users and API credentials.
4.3. You must keep login credentials, API keys, webhook secrets, and access tokens confidential and must notify us without undue delay of suspected compromise.
4.4. We may require verification of identity, business status, or eligibility for specific plans/features.
4.5. If you invite third-party collaborators (staff, contractors, advisors), you are responsible for ensuring they are lawfully authorized and bound by appropriate confidentiality and data-protection obligations.
4.6. Invitation flows are email-bound and token-based; you must ensure invitee email addresses are correct and under control of intended recipients.

4A. Multi-Tenant Collaboration and Third-Party Access

4A.1. Each Farm Workspace has one owner account and may include staff memberships with role-limited permissions.
4A.2. Owner and authorized managers are responsible for granting, reviewing, and revoking staff access without undue delay, including when personnel changes occur.
4A.3. You acknowledge that permissions are enforced per farm tenant scope. Access to one farm does not grant rights to another farm unless separately granted.
4A.4. You must not share accounts; each Authorized User must use an individual account for traceability and security.
4A.5. You are responsible for all actions of your Authorized Users and any third-party service providers granted access by you.

5. Plans, Fees, Billing, and Taxes

5.1. Paid Plans are billed via Stripe-hosted components. We do not store full card data.
5.2. Prices, billing periods, and included limits are shown in the Service or checkout flow. Unless stated otherwise, fees are net of applicable taxes.
5.3. You authorize recurring charges for subscriptions and agreed usage-based billing.
5.4. We may adjust pricing, limits, or plan structure with prior notice; changes apply prospectively from the next billing cycle unless mandatory law requires otherwise.
5.5. If payment fails, we may retry charges, limit features, suspend account access, or downgrade/terminate the plan after notice.
5.6. Payment Disputes and Chargebacks
If you believe a charge was made in error, you agree to contact the Provider through the support channels listed in these Terms before initiating a chargeback or payment dispute with your payment provider.
Initiating a payment dispute without first attempting to resolve the issue with the Provider may be considered a breach of these Terms where the dispute lacks reasonable basis.
Where a chargeback or payment reversal occurs, the Provider may suspend or restrict access to the Service until the matter is resolved and any outstanding amounts are paid.
5.7. Refund Policy
Except where required by applicable law, subscription fees and usage-based charges are non-refundable once the billing period has begun.
Cancellation of a subscription prevents future billing but does not entitle you to a refund for the current billing period.
The Provider may, at its sole discretion, issue refunds or service credits in exceptional circumstances.

6. Free Tier Rules and Fair Use

6.1. Free Tier is provided "as is", without SLA, and may be changed, limited, suspended, or discontinued at any time.
6.2. Free Tier eligibility depends on truthful and complete Usage Metrics.
6.3. You must not circumvent Free Tier limits by false declarations, account splitting, synthetic data manipulation, or other evasive behavior.
6.4. Multiple Accounts and Limit Circumvention
You must not create or control multiple accounts for the purpose of circumventing plan limits, Free Tier restrictions, billing mechanisms, or other usage controls.
The Provider may use technical signals including IP addresses, device identifiers, usage patterns, and operational telemetry to detect such circumvention.
Where the Provider reasonably determines that multiple accounts are controlled by the same individual or organization for the purpose of bypassing plan limitations, the Provider may:
(a) merge or reclassify such accounts;
(b) require migration to an appropriate Paid Plan;
(c) suspend or terminate the accounts involved.
Legitimate use cases involving multiple organizations, farms, or customers must correspond to genuine operational separation and may be subject to verification.

7. Anti-Fraud, Misreporting Detection, and Corrective Actions

7.1. To protect billing fairness and platform integrity, we may analyze consistency between declared Usage Metrics and other operational signals, including telemetry and resource-consumption patterns (for example, tray dimensions versus observed water/substrate/seed/task patterns).
7.2. If we reasonably suspect misreporting, circumvention, fraud, or abusive manipulation, we may:
(a) request supporting documentation and explanations;
(b) reclassify you to an appropriate plan tier;
(c) impose technical limits or suspend specific features;
(d) issue corrective charges/invoices for underpaid amounts for prior periods permitted by law;
(e) suspend or terminate access immediately in serious or repeated cases.
7.3. Where practicable, we provide notice and an opportunity to clarify before permanent adverse action; immediate action may be taken where needed for security, legal compliance, or abuse containment.

8. Suspension and Termination Rights

8.1. You may stop using the Service and cancel subscriptions under your plan settings, effective from the end of the current billing period unless stated otherwise.
8.2. We may suspend or terminate access, in whole or part, with immediate effect if:
(a) you materially breach these Terms;
(b) non-payment persists;
(c) we detect hacking attempts, security abuse, fraud, or circumvention;
(d) continued provision creates legal, regulatory, or security risk.
8.3. We may preserve evidence, logs, and relevant data as needed for compliance, claims defense, and cooperation with authorities.
8.4. If we reasonably detect cross-tenant data access attempts, privilege abuse, invitation/token abuse, or impersonation attempts, we may immediately restrict affected accounts, memberships, invite flows, or workspaces pending investigation.

9. Customer Data, Ownership, and License

9.1. As between parties, you retain rights in Customer Data.
9.2. You grant us a non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely to provide, secure, improve, and support the Service, and to enforce these Terms.
9.3. You represent that you have all necessary rights and legal bases for Customer Data you submit.
9.4. You are responsible for lawful configuration, permissions, and deletion/retention settings within your workspace.
9.5. For Camera Snapshot Data, you acknowledge that your organization determines purposes and means of processing (including capture scope, frequency, resolution, recipients, and retention), and is responsible for selecting and documenting an appropriate lawful basis under Article 6 GDPR.
9.6. Where owner-scoped libraries or resources are shared with staff through farm-context access, Customer is responsible for ensuring such sharing is authorized and consistent with internal governance, confidentiality, and IP obligations.
9.7. By assigning roles and inviting staff/collaborators, Customer instructs us to make relevant workspace data available to those Authorized Users in line with configured permissions.
9.8. You grant us the right to process Customer Data to generate anonymized and aggregated analytics for service improvement, model tuning, benchmarking, and development of generalized optimization logic and recipe recommendations.
9.9. We may use Anonymized Analytics Data for lawful business purposes, including publication of community/public insights, reference ranges, and optimized recipe frameworks, provided such outputs do not identify Customer, its personnel, or specific farm operations.
9.10. No ownership rights in identifiable Customer Data are transferred to us beyond the limited rights required to provide and improve the Service as set out in these Terms.
9.11. Data Backup Responsibility. While the Provider implements reasonable technical measures to maintain system integrity and availability, the Service is not intended to serve as the sole repository for critical operational records. You are responsible for maintaining appropriate backups or exports of Customer Data necessary for your business continuity, regulatory compliance, or recordkeeping obligations. The Provider is not responsible for losses resulting from accidental deletion, configuration changes by Authorized Users, external system failures, or circumstances beyond the Provider's reasonable control.
9.12 Unlawful or Prohibited Data
You must not upload, submit, or process through the Service any data or content that:
(a) violates applicable law or regulations;
(b) infringes intellectual property rights, privacy rights, or other rights of third parties;
(c) contains unlawful surveillance, unauthorized recordings, or personal data collected without a valid legal basis;
(d) is defamatory, fraudulent, or otherwise unlawful.
You represent and warrant that you have all necessary rights, permissions, and legal bases required to process any data submitted to the Service.
If the Provider reasonably believes that Customer Data violates applicable law or these Terms, the Provider may, without prior notice where necessary:
(i) restrict access to such data,
(ii) remove or disable the data,
(iii) suspend relevant accounts or features.
The Provider may cooperate with law enforcement or regulatory authorities where legally required.

10. Intellectual Property Rights in the Service

10.1. The Service, software, documentation, interfaces, and related IP are owned by or licensed to the Provider and protected by applicable law.
10.2. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during an active subscription or valid Free Tier access.
10.3. No rights are granted except as expressly stated.
10.4 Feedback
If you provide suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Service ("Feedback"), you grant the Provider a perpetual, irrevocable, worldwide, royalty-free license to use, modify, implement, and incorporate such Feedback into the Service or other products without restriction and without any obligation to compensate you.
Providing Feedback is voluntary, and the Provider is not required to implement any Feedback.
Feedback does not create any confidentiality obligation unless explicitly agreed in writing.

11. Third-Party Services

11.1. The Service may integrate with third-party services (including Stripe). Your use of those services may be subject to their separate terms and privacy policies.
11.2. We are not responsible for third-party services, except to the extent required by mandatory law.

12. Service Availability, Changes, and Maintenance

12.1. The Service is provided on an "as available" basis. We do not guarantee uninterrupted or error-free operation.
12.2. We may modify features, technical architecture, and limits for security, legal, or product reasons.
12.3. Planned maintenance may cause temporary downtime; we will use commercially reasonable efforts to minimize disruption.
12.4 Service Discontinuation
The Provider may discontinue the Service, or any material feature of the Service, for business, legal, security, or operational reasons.
Where reasonably practicable, we will provide advance notice through the Service or by email before a permanent discontinuation affecting active Paid Plans.
Upon discontinuation, we may provide a reasonable period during which Customers can export their Customer Data using available tools or interfaces.
The Provider is not obligated to continue providing the Service indefinitely and shall not be liable for business interruption, migration costs, or operational impacts arising from discontinuation of the Service, except as required by mandatory law.
Customers are responsible for maintaining alternative operational procedures and backups independent of the Service.

13. Warranties Disclaimer

13.1. To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of merchantability, fitness for a particular purpose, non-infringement, or specific business outcomes.
13.2. You acknowledge that software may contain errors and that outcomes depend on data quality, user actions, and external factors beyond our control.

14. Limitation of Liability

14.1. Nothing in these Terms excludes or limits liability that cannot be excluded under mandatory law, including liability for intent, gross negligence (where non-waivable), personal injury, or statutory consumer rights.
14.2. Subject to Clause 16.1, our total aggregate liability arising out of or relating to the Service is limited to the greater of:
(a) total fees paid by you to us during the 12 months preceding the event giving rise to the claim; or
(b) EUR 100 for Free Tier users.
14.3. Subject to mandatory law, we are not liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost revenue, loss of goodwill, or loss/corruption of data not caused by our willful misconduct. Claims relating to agricultural outcomes, crop performance, or operational decisions remain subject to the limitations in this Section.

14A. Notice of Claims

To the extent permitted by applicable law, you must notify the Provider in writing of any claim or alleged breach relating to the Service without undue delay and, where reasonably possible, no later than thirty (30) days after you become aware of the issue.
The notice must include sufficient detail to allow the Provider to investigate and attempt to resolve the matter.
Failure to provide timely notice may be taken into account when assessing the validity and extent of any claim, to the extent permitted by law.

14B. Time Limitation for Claims

To the maximum extent permitted by applicable law, any claim arising out of or relating to the Service or these Terms must be brought within twelve (12) months after the event giving rise to the claim.
If a claim is not filed within this period, it shall be permanently barred.
This limitation does not apply where mandatory law provides a longer non-waivable limitation period.

15. Indemnification

15.1. To the extent permitted by law, you will indemnify and hold harmless the Provider from third-party claims, losses, and costs (including reasonable legal fees) arising from:
(a) your unlawful use of the Service;
(b) your breach of these Terms;
(c) your Customer Data or lack of rights/legal basis to process it;
(d) your fraud, misrepresentation, or security misconduct.

16. Consumer-Specific Information (if you are a consumer)

16.1. If you are a consumer in the EU, mandatory consumer protections apply and prevail over conflicting provisions.
16.2. For distance contracts, you may have a 14-day withdrawal right under Directive 2011/83/EU and implementing national law, unless an exception applies (including commencement of digital service performance upon your express consent and acknowledgment of withdrawal-right loss).
16.3. Complaint handling and out-of-court redress rights remain available under applicable law.

17. Data Protection

17.1. Personal data processing is governed by our Privacy Policy available at bloomlightly.com/legal/privacy, which forms part of the legal framework of the Service.
17.2. You must not submit unlawful personal data and must ensure valid legal bases and transparency toward your personnel/end users.
17.3. Camera/webhook users must follow the latest security and privacy guidance published at: bloomlightly.com/legal/camera-user-guidance and bloomlightly.com/legal/camera-security-whitepaper.
17.4. Camera/webhook users should complete a deployment-specific DPIA and signage workflow using: bloomlightly.com/legal/camera-dpia-and-signage-template-for-eu.
17.5. For business customers acting as controllers, camera feature processing is further governed by the DPA and camera-specific Art. 28 instructions at: bloomlightly.com/legal/dpa-annex-camera-snapshot-processing-instructions.
17.6. For multi-tenant collaboration features, Customer is responsible for role design, access governance, invite lifecycle management, and lawful staff/contractor data sharing within farm workspaces.
17.7. Current access governance requirements for farm owner/staff collaboration are published at: bloomlightly.com/legal/access-governance-policy.
17.8. We may process telemetry, quality ratings, and production-flow data to provide AI-assisted optimization suggestions and to derive anonymized community/public recipe intelligence, subject to applicable data protection law and safeguards described in the Privacy Policy.
17.9. A short Legitimate Interest Assessment summary for analytics and AI optimization processing is available at: bloomlightly.com/legal/legitimate-interest-assessment.
17.10. In case of conflict between customer internal policies and these Terms regarding platform security controls, the stricter platform security control applies for use of the Service.

18. Governing Law and Dispute Resolution

18.1. These Terms are governed by Polish law, excluding conflict-of-law rules, unless mandatory consumer law provides otherwise.
18.2. For non-consumer disputes, courts competent for the Provider's registered seat in Poland shall have exclusive jurisdiction.
18.3. For consumers, jurisdiction and forum rights under mandatory law remain unaffected.

19. Changes to Terms

19.1. We may amend these Terms for legal, security, operational, or product reasons.
19.2. Material changes will be notified in advance through the Service and/or by email.
19.3. Continued use after the effective date constitutes acceptance, unless mandatory law requires additional consent.

20. Miscellaneous

20.1. If any provision is held invalid, the remaining provisions remain in force.
20.2. Failure to enforce a provision is not a waiver.
20.3. You may not assign these Terms without our prior written consent; we may assign in connection with reorganization, sale, or legal succession.
20.4. These Terms, together with referenced policies, form the entire agreement regarding the Service.
20.5 Interpretation
Headings and section titles are included for convenience only and do not affect interpretation of these Terms.
References to sections refer to sections of these Terms unless stated otherwise.
If any ambiguity arises in the interpretation of these Terms, the provisions shall be interpreted in a manner consistent with the overall structure and purpose of the Service.
In the event of conflict between these Terms and referenced policies or documentation, the Terms shall prevail unless explicitly stated otherwise.
If these Terms are translated into other languages, the English version shall prevail in case of inconsistencies, unless mandatory law requires otherwise.

21. Legal References (non-exhaustive)

21.1. Regulation (EU) 2016/679 (GDPR).
21.2. Directive 2011/83/EU on consumer rights (and national implementation).
21.3. Directive 93/13/EEC on unfair terms in consumer contracts (and national implementation).
21.4. Polish Civil Code and applicable Polish consumer and electronic-services regulations.

22. Contact

Questions, legal notices, and abuse/security reports: support@bloomlightly.com.

23. Related Policies

Use of the Service is also governed by the following documents:
Privacy Policy
Acceptable Use Policy
Data Processing Agreement (for business customers)
Access Governance Policy (where collaboration features are used)
Subscription Terms of Use

These documents form part of the legal framework governing the Service.