Terms of Service

§ 1. Seller and Scope

1. 1.1. For customers located in Poland, the seller is Blue Code Dominik Maćkiewicz, sole trader, VAT ID: 5273170548, address: Sokołowska 24/26/32, Warsaw, Poland, email: contact@sendbloom.io ("Seller"). For customers located outside Poland, Stripe acts as the Merchant of Record and the seller of the product, and your purchase is additionally subject to Stripe's terms. References to "Seller" in these Terms include Stripe to the extent Stripe acts as the seller.
2. 1.2. The product is a personalised digital greeting card - an interactive website accessible under a unique URL, created based on data provided by the Buyer ("Card").
3. 1.3. These Terms apply to consumers worldwide purchasing for personal, non-business use. Where the buyer's local law grants mandatory consumer protections that cannot be waived by agreement, those protections apply in addition to these Terms to the extent required by that law.
4. 1.4. For matters not covered herein and to the extent permitted by the buyer's local mandatory law, these Terms are governed by Polish law, including the Polish Civil Code, the Consumer Rights Act of 30 May 2014, and the GDPR.
5. 1.5. A device with internet access and an up-to-date standard browser (e.g. Chrome, Safari, Firefox, Edge) is required to access the Card.
6. 1.6. Our Privacy Policy, available at https://sendbloom.io/privacy, describes how we collect and process personal data and is incorporated into these Terms by reference.

§ 2. Eligibility

1. 2.1. By placing an order, the Buyer represents that they are at least 18 years old, or the age of majority in their jurisdiction if higher, and have the legal capacity to enter into this contract.
2. 2.2. The Buyer represents that they are not located in, and will not use the Service from, a country or region subject to comprehensive trade sanctions under applicable export control laws (including but not limited to those administered by the U.S. Office of Foreign Assets Control or the European Union), and is not on any restricted party list.
3. 2.3. The feature to attach a voice recording to the Card is not available to Buyers using the Service from the United States, regardless of whether the recording concerns the Buyer, the Card recipient, or any other third party. The Seller verifies this restriction based on the Buyer's IP location and the country/state declaration provided in the order form. The Buyer agrees not to bypass this restriction (e.g. by using a VPN or providing false location data).

§ 3. Order and Contract Formation

1. 3.1. Orders are placed via an online form. The Buyer must provide complete and accurate data required to create the Card.
2. 3.2. The sales contract is concluded upon confirmation of order acceptance by the Seller, sent to the Buyer's email address.
3. 3.3. The Seller reserves the right to refuse an order if the content provided violates applicable law, good customs, third-party rights, or in case of suspected payment fraud. Any payment made is refunded via Stripe.
4. 3.4. The price shown at checkout is the final price, including applicable taxes.

§ 4. Payment via Stripe

1. 4.1. Payments are one-time, in advance, processed through Stripe Checkout (Stripe, Inc. / Stripe Payments Europe Ltd.). For international customers (outside Poland), Stripe acts as the Merchant of Record, meaning Stripe handles payment processing, indirect tax compliance (e.g., VAT/Sales Tax), and transaction-level support or disputes.
2. 4.2. Available methods depend on the Buyer's location and what Stripe Checkout offers at the time of purchase (e.g. cards, BLIK, wallets).
3. 4.3. The Seller does not store or process full payment card data - this is handled exclusively by Stripe under its own privacy policy (stripe.com/privacy).
4. 4.4. Order fulfilment begins once Stripe confirms payment. Refunds, where applicable, are processed by Stripe to the original payment method.

§ 5. Access to the Card

1. 5.1. After payment confirmation, the Buyer receives a unique URL and, optionally, a QR code, delivered by email or SMS to the details provided at order.
2. 5.2. The Seller makes efforts to ensure the Card remains available for as long as possible. In practice, Cards usually remain available significantly longer than the required minimum, however, the Seller does not guarantee any specific period of availability or unlimited availability over time and reserves the right to delete the Card after 6 months from its dispatch.
3. 5.3. The Seller does not guarantee 100% uptime and is not liable for brief technical interruptions.
4. 5.4. The Seller is not liable for non-delivery caused by incorrect contact details provided by the Buyer.
5. 5.5. Delivery normally occurs within minutes and in all cases within 24 hours of payment confirmation.
6. 5.6. The Buyer has the ability to independently and permanently delete the Card at any time using the dedicated link provided in the order confirmation email. This link serves as the sole form of authorization to manage the Card. The Buyer is obliged to keep this email confidential. The Seller is not liable for the deletion of the Card by third parties to whom the Buyer has shared the link.
7. 5.7. Access to the created Card (viewing it) is possible exclusively via the unique URL generated by the system. This address operates on the basis of public access for anyone who possesses it. The Buyer and the Recipient are obliged to keep the link confidential and not to share it with unauthorized persons. The Seller is not liable for third parties viewing the content of the Card if the link was shared or forwarded to them.

§ 6. Right of Withdrawal (EU/EEA/UK Consumers)

1. 6.1. Where applicable law grants a right of withdrawal for digital content, this right does not apply once the Seller has begun performance with the Buyer's express prior consent, and the Buyer acknowledged the resulting loss of the withdrawal right - consistent with, for example, Article 38(1)(13) of the Polish Consumer Rights Act and equivalent EU Consumer Rights Directive provisions.
2. 6.2. This consent and acknowledgment is given by the Buyer by ticking the relevant checkbox in the order form before completing purchase.
3. 6.3. Buyers in jurisdictions without a statutory right of withdrawal for digital content are bound by the no-refund policy confirmed at checkout, except as required by applicable consumer protection or warranty law.

§ 7. Content Submitted by the Buyer

1. 7.1. Where the Buyer submits content relating to a third party (e.g. recipient's name, photo, voice recording), the Buyer represents and warrants that they have obtained all necessary consents from that third party to submit and use such content for the purpose of creating and delivering the Card.
2. 7.2. The Buyer is solely responsible for the accuracy and lawfulness of all content submitted, including compliance with any applicable biometric, privacy, or data protection law relating to voice recordings, images, or likeness of third parties.
3. 7.3. If a voice recording is submitted to be attached to the Card for a recipient or another third party located in the United States, the Buyer represents that neither they nor the person whose voice is recorded are located in that territory within the meaning of section 2.3, and assumes sole responsibility for the truthfulness of this representation.
4. 7.4. By submitting a voice recording, photo, or other multimedia content, the Buyer represents and warrants that:
   (a) they are the owner of the rights to the submitted content or possess all necessary rights and consents to submit and use it to create the Card, including in particular that the voice recording does not contain musical works, fragments of recordings, or other third-party copyrighted content without the required license;
   (b) the submitted content does not violate applicable law, including not containing pornographic, offensive, violence-inciting, discriminatory, or otherwise unlawful or unethical content.
5. 7.5. The Seller reserves the right to refuse to fulfill an order, remove the submitted content, or block access to the Card if the content submitted by the Buyer violates the provisions of section 7.4. In such case, payment is refunded under the general rules specified in sections 3.3 and 4.4.

§ 8. Complaints and Non-Conformity

1. 8.1. Complaints must be submitted to: contact@sendbloom.io, ideally including the order number and a description of the issue (e.g. technical error, broken link, discrepancy with the ordered configuration).
2. 8.2. The Seller will respond without undue delay, no later than 14 days after receipt, to the email address from which the complaint was submitted.
3. 8.3. Subjective aesthetic dissatisfaction (e.g. dislike of a style or font correctly selected by the Buyer) does not constitute non-conformity with the contract.
4. 8.4. The Seller is not liable for errors resulting solely from incorrect data entered by the Buyer (e.g. typos in the message).
5. 8.5. The Seller is not liable for short-term access interruptions caused by factors outside its reasonable control, nor for display issues caused by the Buyer's device, software, or browser failing to meet minimum technical requirements.

§ 9. Disclaimer of Warranties

1. 9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CARD AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
2. 9.2. Nothing in this section excludes or limits any warranty, guarantee, or consumer right that cannot lawfully be excluded or limited under the mandatory law applicable to the Buyer.

§ 10. Limitation of Liability

1. 10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SELLER'S TOTAL AGGREGATE LIABILITY TO THE BUYER ARISING OUT OF OR RELATING TO THESE TERMS OR THE CARD SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE BUYER FOR THE CARD GIVING RISE TO THE CLAIM.
2. 10.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF GOODWILL, OR EMOTIONAL DISTRESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. 10.3. This section does not limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law, nor does it limit any statutory rights of consumers that cannot be waived.

§ 11. Indemnification

1. 11.1. The Buyer agrees to indemnify, defend, and hold harmless the Seller from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) the Buyer's breach of these Terms; (b) content submitted by the Buyer, including any claims that such content infringes third-party rights (including copyright, privacy, likeness, or other intellectual property rights), or that the content is inconsistent with the representations made pursuant to section 7.4; or (c) the Buyer's violation of any applicable law in connection with their use of the Service. This provision applies to the maximum extent permitted by the mandatory laws of the consumer's place of residence and is not intended to limit the consumer's statutory rights.

§ 12. Dispute Resolution

1. 12.1. Buyers in the EU/EEA/UK

For consumers residing in the European Union, EEA, or United Kingdom, disputes shall be resolved by the competent court of the consumer's place of residence, or as otherwise provided by mandatory local law. EU consumers may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

1. 12.2. Buyers in the United States and Other Jurisdictions

For U.S. Users: Any dispute shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules. The place of arbitration shall be the consumer's county of residence or, upon agreement of both parties, the arbitration may be conducted remotely. The Seller shall cover arbitration costs to the extent required by the AAA rules. BUYER AND SELLER EACH WAIVE ANY RIGHT TO A CLASS ACTION AND A JURY TRIAL. This clause does not deprive the consumer of the right to pursue claims in small claims court.

For non-U.S. Users: This arbitration agreement does not apply where prohibited by mandatory law applicable to the Buyer (e.g. certain EU/UK consumer protections), in which case the applicable statutory dispute resolution mechanism governs instead, and disputes shall be resolved by the competent civil court.

§ 13. Governing Law

1. 13.1. These Terms are governed by the laws of Poland, without regard to conflict-of-laws principles, except that this choice of law does not deprive a consumer of protections afforded by mandatory provisions of the law of the country where the consumer has their habitual residence.

§ 14. Intellectual Property

1. 14.1. The Seller retains authorship and ownership of the graphic and technical design of the Card. The Buyer receives a non-exclusive, non-transferable licence for private, non-commercial use - including sharing the link/QR code with others and posting on personal social media.
2. 14.2. The Buyer may not resell, sublicense, or commercially exploit the Card without the Seller's prior written consent.

§ 15. Copyright Complaints / DMCA

1. 15.1. If you believe content on the Service infringes your copyright, please send a written notice to contact@sendbloom.io including: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material and its location; (c) your contact information; (d) a statement of good-faith belief that the use is unauthorised; (e) a statement, under penalty of perjury, that the notice is accurate and that you are authorised to act on behalf of the rights holder; and (f) your physical or electronic signature.
2. 15.2. The Seller will review and, where appropriate, remove or disable access to the identified material.

§ 16. Amendments

1. 16.1. The Seller may amend these Terms for legal, regulatory, or technical reasons. Orders placed and paid before a new version takes effect remain governed by the Terms in force at the time of purchase.
2. 16.2. The current version of these Terms is available at https://sendbloom.io/terms and will be provided electronically on request.

§ 17. Severability

1. 17.1. If any provision of these Terms is held invalid or unenforceable in a given jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary in that jurisdiction, and the remaining provisions shall remain in full force and effect.

§ 18. Contact

Blue Code Dominik Maćkiewicz, Sokołowska 24/26/32, Warsaw, Poland - contact@sendbloom.io