Legal
Terms of Use Agreement
Last Updated: September 30, 2024
Welcome to Bloom Credit, Inc. (“we,” “our,” “us,” or “Bloom”)! This Terms of Use Agreement (“Terms” or “Agreement”) governs your use of the Bloom+ Service, our website, including bloomplus.com and any related URL through which we provide any other services and products to you (the “Site”).
1. Acceptance of Terms
By accessing or using the Bloom+ Service or the Site, you agree to be bound by these Terms. We encourage you to read and understand the entirety of these Terms before using our Site. If you do not agree to these Terms, you may not use the Site or access our services and products. Additionally, you should not use our Site or access our services and products through any third-party if you do not agree to these Terms. These Terms represent a legally binding agreement between you and us that you acknowledge is the equivalent of an agreement signed in ink by both parties. By accepting these Terms and using our Site, you hereby agree that you are legally authorized and capable of agreeing to these Terms and entering into this Agreement. This Agreement will continue to apply for as long as you use our Site, Products, and Services.
2. Explanation of Services
For the purposes of these Terms, “Payment Obligation” means a recurring residential rent, utility (gas, power, water), telco (a telecommunications company), or subscription payment that you are personally liable for and for which you have directed us to report on your behalf; and “Data Source” means your online account (e.g., property management payment portal) or Demand Deposit Account (i.e. bank account) from which payment data will be retrieved.
The Bloom+ Service provided by Bloom allows you to furnish Payment Obligations from a Data Source to one or more credit reporting agencies with which Bloom has a relationship. We are not able to access all Data Sources. We do not charge you any fees for use of the Bloom+ Service.
Bloom is not a credit repair organization and does not guarantee any particular changes to your credit file or credit score. Additionally, while we intend to enable your ability to furnish the recurring payments identified by you in line with and following the verifications described in these Terms, each credit reporting agency may choose to include or not include the reported information in your credit file. Finally, certain types of credit scores and files may not include the data reported according to these Terms.
3. Use of the Site
You may use the Site for lawful purposes only. You agree not to:
- Violate any applicable laws or regulations.
- Interfere with or disrupt the operation of the Site.
- Use the Site to transmit any unlawful, infringing, defamatory, obscene, or otherwise objectionable content.
- Attempt to gain unauthorized access to any part of the Site or any other systems or networks connected to the Site.
- Provide us with any inaccurate information (including personal information that we require you to provide) or fail to promptly provide us with notice of changes to any such information.
You agree that we may contact you regarding any matter relating to your use of our Site, services, and products. Additionally, you agree that we may contact you through any means of communication, including telephone, email, mobile phone, SMS text messages, and that we may use pre-recorded messages or artificial voice. To revoke your consent to be contacted by pre-recorded message or artificial voice, contact us at [email protected].
If your access to our Site and products and services on the Site is being provided through your property manager or the bank or credit union that holds your financial account, you agree that we are not liable to you or any third party for any termination of your financial account or access provided through such property manager, bank, or credit union.
For certain services that we offer, we work with third-party intermediaries who, following your direction and consent, may access and transmit personal and financial information about you from one or more of your financial institutions. The third-party intermediaries’ Terms and Conditions are available at https://www.mx.com/minimum-terms-and-conditions/ and https://www.quiltt.io/policies/terms-and-conditions. By accessing or using the Bloom+ Service or the Site, you also agree to be bound by these Terms and Conditions. We are not responsible for the accuracy of all such information that is provided to us from such third-party intermediaries. It is your responsibility to confirm that all such information is accurate if we provide it to you in connection with the services performed for you.
4. Furnishment of Payment Obligations.
Before viewing your Payment Obligations in one or more of your Demand Deposit Accounts (DDAs), we will first obtain your consent and may then verify your identity, consent, Data Sources, Payment Obligations, and payments to be reported (current and historical) as provided herein and in our Privacy Policy. You may revoke such consent by navigating to bloomplus.com. Should you revoke consent, we will report the Payment Obligation as closed and cease any future reporting; however, any previously reported Payment Obligation may remain on your file with the credit reporting agency as furnished by Bloom until such time as the credit reporting agency removes this information or you request its deletion.
You may permission our collection and furnishment of payment data from two Data Sources – your online account (e.g., property management payment portal) or DDA (i.e., bank account). If the Data Source is an online account, we will confirm the legitimacy of the Data Source via internet or business license search, confirm that your authenticated name and address matches to personal identifying information found within the online account, and confirm that the type of information being retrieved from the online account is compatible with the type of business conducted by the Data Source (e.g., rent payments come from a property management payment portal, telco payments come from a telco provider online account, etc.). If the Data Source is a DDA, we will confirm the DDA is held by a member of the National Credit Union Administration (NCUA), or a bank insured by the Federal Deposit Insurance Company (FDIC) and confirm your authenticated name and address matches to personal identifying information found within the DDA.
Each credit reporting agency can limit the number of Payment Obligations that we may report on your behalf. We may report Payment Obligations for you (as applicable) following your selection and consent. In the event that a credit reporting agency who we report Payment Obligations to does not allow for immediate reporting of the Payment Obligations after we receive your consent, we may store and retain such information until such time that we are permitted by the credit reporting agency to report it. Any credit reporting agencies we report to reserve the right to not accept every type of Payment Obligation and reject any Payment Obligations reported more than once. YOU HEREBY REPRESENT, AND WE MAY CONFIRM, THAT EACH PAYMENT OBLIGATION REPORTED TO THE CREDIT REPORTING AGENCY IS NOT REPORTED TO IT BY ANY OTHER ENTITY. This confirmation may include, but is not limited to: a. a real-time validation of your credit report prior to our initial reporting of the tradeline; or b. your attestation that the Payment Obligation is not reported to the credit reporting agency by any other parties.
If the Payment Obligation is for your payment of rent, you hereby represent, and we will confirm, that the Payment Obligation is for your primary residence and that you do not have an active mortgage or other active rent tradeline reported to the credit reporting agency. This confirmation shall include one of the following: a. a real-time validation of your credit report prior to our initial reporting of the tradeline; or b. your attestation that the Payment Obligation is for your primary residence and you do not have an active mortgage or other rent tradeline currently reported to the credit reporting agency.
If the Payment Obligation is for your payment of utilities, you hereby represent, and we will confirm, that the Payment Obligation is for your primary residence. This confirmation shall include one of the following: a. a real-time validation of your credit report prior to our initial reporting of the tradeline; or b. your attestation that the Payment Obligation is for your primary residence.
Additionally, if the Data Source is a DDA, we will complete the following steps to confirm Payment Obligations are legitimate prior to reporting them to a credit reporting agency on your behalf:
a. If the Payment Obligation is rent, we will confirm payments are made online to a verified property management company or through a rent payment platform (e.g., Yardi, AppFolio, Buildium) in accordance with our policies and procedures; or if you are not making payments directly to a verified property management company or property management software provider (e.g., payments are made via check or Zelle, or to an individual landlord), you may need to provide a current executed rental/lease contract with your authenticated name and address and we will confirm a minimum of three (3) recurring DDA rent payments in the last six (6) months align with the rental payment amount listed in the executed lease.
b. If the Payment Obligation is utility or telco, we will confirm payments are made online to a verified utility or telco company, in accordance with our policies and procedures; or if payments are not made directly to a verified utility or telco company (e.g., payments made via check or Zelle), we will obtain and validate a current utility or telco bill with your authenticated name and address; confirm payment obligation data to be reported is compatible with the type of business/service conducted by the utility or telco company/provider; and/or confirm DDA utility/telco payment transactions reasonably align with the payment due from your current utility/telco bill.
To the extent permitted by a credit reporting agency, we may report payment history preceding your use of Bloom+. A credit reporting agency to which we report reserves the right to take any action in their discretion that the credit reporting agency deems necessary to ensure that all such information is being furnished accurately and in accordance with the credit reporting agency requirements. We are not responsible for changes made by a credit reporting agency to the information you have requested be furnished to the credit reporting agency (including any deletions of such previously reported information) or any errors that occur as a result of their acts or omissions.
If you believe that we have not reported your Payment Obligation as you requested through the Bloom+ Service, you may contact us at: [email protected].
Following receipt of your request, we will investigate your request and respond in accordance with applicable law.
5. Additional Agreements
To obtain certain services and products from us, you may have to enter into separate agreements with us and/or third parties who offer our services and products directly to you. These Terms will continue in full force and effect notwithstanding entering into any other separate agreement with us.
6. Privacy
Your use of the Site is subject to our Privacy Policy, which governs the collection, use, and disclosure of your personal information. In the event that you use or obtain any of our products or services, you may have to provide us with certain personal information, which will be collected and shared in accordance with our Privacy Policy. The link to the latest version of our Privacy Policy, which may be revised from time to time, can be found on the bottom of our Site. We encourage you to review our Privacy Policy and ensure that you fully understand it before sharing your personal information with us. These Terms do not limit our Privacy Policy in any way, nor does our Privacy Policy limit these Terms in any way. Additionally, you are responsible for maintaining the confidentiality of any accounts and passwords you establish through use of our Site and for restricting access to your devices that contain this information. You are responsible for all activity that occurs under your account. We may suspend or terminate your access to the Site at any time if we suspect your account or password is being used in an illegal, unauthorized, or fraudulent manner.
7. Intellectual Property
The content and materials available on the Site, including but not limited to text, graphics, logos, images, and software, as well as all products and services offered and provided to you, are owned by or licensed to us and are protected by copyright and other intellectual property laws. Nothing herein or on the Site shall be construed as conferring any license of any of our intellectual property rights.
8. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE USE OF THE SITE AND OUR PRODUCTS AND SERVICES IS NOT GUARANTEED TO ACHIEVE ANY PARTICULAR RESULTS. WE DO NOT WARRANT, AND SPECIFICALLY DISCLAIM, THAT THE SITE WILL BE ACCURATE, COMPLETE, SECURE, WITHOUT INTERRUPTION, OR ERROR-FREE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SITE MAY NOT BE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE.
9. Limitation of Liability
YOU AGREE THAT YOUR ACCESS AND USE OF THE SITE AND YOUR USE OF OUR PRODUCTS AND SERVICES IS AT YOUR OWN RISK. WE ASSUME NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES AND PRODUCTS PROVIDED THROUGH THE SITE.
10. Indemnification
You agree to indemnify, defend, and hold us (including Bloom Credit, Inc., our officers, directors, employees, agents, licensors, and partners) harmless from and against any and all claims, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Site or any breach of these Terms.
11. Modification of Terms and Site
We reserve the right to modify these Terms at any time and for any reason by posting the revised Terms on the Site. Your continued use of the Site after the posting of any revised Terms constitutes your acceptance of the revised Terms. We also reserve the right to modify or discontinue the Site or any products, services, or other functionality offered on the Site at any time and for any reason, without notice to you.
12. Governing Law and Dispute Resolution
These Terms are governed in accordance with the laws of New York, without regard to conflict of law provisions. By agreement to these Terms, you hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of New York in connection with any dispute arising out of or in connection with these Terms.
13. Miscellaneous
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of the terms and conditions set forth herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms of Use and the Privacy Policy constitute the entire agreement between us with respect to the subject matter hereof.
14. Contact Us
If you have any questions or concerns about these Terms, please contact us at [email protected].
Electronic Signature Disclosure and Consent
In connection with your relationship with Bloom Credit, Inc. (“Bloom Credit”, “We”, “Us”), we may provide you with certain information in writing that is required by law, which we may provide to you electronically with your prior consent. Furthermore, you may be required to sign documents that we will request that you sign electronically after receiving your prior consent. This Electronic Signature Consent and Consent (“Consent”) outlines your rights and responsibilities concerning the use of electronic signatures and documents. This Consent applies to all interactions and transactions conducted through Bloom Credit’s website, mobile applications, and any other electronic means where electronic signatures and communications are used. Your consent to electronic transactions and signatures does not expire unless revoked by you in accordance with the terms outlined herein.
1. Consent to Use Electronic Signatures and Receive Documents in Electronic Form:
By providing your consent, you hereby acknowledge that you have read, understand, and agree to this Consent and are agreeing to electronically access, receive, review, and sign certain communications and documents that Bloom Credit provides to you. These communications and documents provided to you electronically may include, but are not limited to, agreements, consents, notices, statements, and other documents related to your activities and transactions with Bloom Credit. You understand and agree that your electronic signature, as defined by the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”) and the Uniform Electronic Transaction Act (“UETA”) will be legally binding to the same extent as if you hand- signed a paper document with an ink signature.
2. Method of Electronic Communication:
Our communication with you electronically may include (i) email to the most-recent email address that you provided to us; (ii) text/SMS messages to any mobile number that you provided to us (charges may apply); or (iii) providing and/or posting notices, disclosures, and agreements on Bloom Credit’s website.
3. Withdrawal of Consent:
You have the right to withdraw your consent to receive electronic documents and to conduct transactions electronically at any time. To withdraw consent, please contact us at [email protected]. However, please note that withdrawing consent may affect your ability to use certain services provided by Bloom Credit. Any withdrawal of your consent to receive electronic communications and to conduct transactions with us electronically will be effective after we have had a reasonable period of time to process your withdrawal request.
4. Hardware and Software Requirements:
You represent that you have the ability to access and retain communications electronically, which includes, but is not limited to, you having a computer, operating system, and mobile device with Internet access and an up-to-date web browser that supports HTML and JavaScript, as well as a working email account capable of receiving electronic communication from us and sufficient electronic storage capacity on your system’s hard drive or other data storage unit. Furthermore, you represent that you have Adobe Acrobat Reader with the ability to view and read PDF files, and that you have the current version one of the following JavaScript-enabled web browsers capable of supporting at least 256-bit encryption:
- [Google Chrome]
- [Apple Safari]
- [Mozilla Firefox]
5. Email Address:
You must provide and maintain a valid email address with Bloom Credit to receive electronic communications and documents. You must promptly notify us of any changes to your email address or other contact details, which you can do by contacting us at [email protected].
6. Request for Paper Copies:
If you would like a paper copy of any electronic document provided to you, please contact us at [email protected]. There may be a reasonable fee for paper copies unless charging a fee is prohibited by law. Please note that a request for a paper copy of any communication or document will not by itself constitute a withdrawal of consent. We also reserve the right to send you paper communications and documents at any time at the address that you furnish to us.
7. Receipt of Communication:
You will be deemed to have received any electronic communication from us at the time we send the communication to you or at the time the communication is posted on our website.
8. Retention of Records:
It is your responsibility to print or save electronic records and communications for your records. Please save a copy of this Consent for future reference.
By clicking on checking the box and clicking on the “Continue” button, you are indicating that you have read, understand, and agree to this Consent and are agreeing to electronically access, receive, review, and sign certain communications and documents that Bloom Credit provides to you.
Contact Information:
If you have any questions or need further assistance regarding this Consent, please contact us at:
Bloom Credit, Inc.
(800) 248-5317
[email protected]