Terms of Service

1. Accepting these Terms

By creating an account, joining a team, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you use the Service for an agency or other business, you confirm that you are authorized to accept these Terms for it, and “you” includes that business.

2. Who can use BrokerBloom

You must be at least 18 years old and able to enter into a binding contract. BrokerBloom is built for brokers and independents across multiple industries, and their staff, in the United States. It is not a service for consumers shopping for insurance.

You may not use the Service if you are barred from doing so under U.S. law.

3. Your account

Give us accurate information when you sign up, and keep it up to date. Keep your password confidential, and do not share your login with anyone. Each person who uses the Service needs their own account. You are responsible for everything that happens under your account. Tell us right away at hellobrokerbloom@gmail.com if you think someone has used your account without permission.

Teams

On the Team and Agency plans, the account that creates a team (the “team owner”) can invite other people. Owners and admins can manage members. Team members share the team's brand kit, lead pipeline, designs, scheduled posts, and team analytics, and any Facebook or Instagram accounts that members connect while they are in the team. Anything you add to a team workspace is visible to the other members of that team.

The team workspace and its data belong to the team owner's account. If you leave a team or are removed, you lose access to the team's data. Team members' access to paid features depends on the team owner's subscription.

4. What the Service includes

BrokerBloom is a software tool for marketing and client management. Depending on your plan, it includes:

• a brand profile (business name, logo, colors, font, voice, target audience and insurance lines);
• Content Studio, with 36 design templates and an AI builder that drafts post copy;
• a visual content calendar for planning and scheduling posts;
• Facebook and Instagram posting to accounts you connect (optional, and it may be limited or unavailable for some accounts — see below);
• a CRM lead pipeline, where you can add or import leads and clients, and log calls, notes, texts and emails on each lead's timeline (texts and emails are logged, not sent; see below);
• team features on the Team and Agency plans; and
• a referral program.

Some features are limited today, and we want to be clear about them:

• Text messages are logged, not sent. The CRM can record a text message on a lead's timeline, but BrokerBloom does not currently deliver SMS messages.
• Facebook and Instagram auto-posting is optional. Direct posting to Facebook Pages and Instagram professional accounts is optional, uses the Meta permissions you grant, and may be limited or unavailable for some accounts depending on Meta's review and permissions. You can always plan and schedule posts in the calendar, then download each design, copy the caption, and post it yourself. The app shows whether auto-posting is available for your account.
• LinkedIn is for planning only. You can plan LinkedIn posts in the calendar, but BrokerBloom does not publish to LinkedIn.
• Emails to leads are logged, not sent. The CRM's Email tab records an email on a lead's timeline, but BrokerBloom does not currently send it. You send emails to leads yourself, from your own email account.

We may add, change, or remove features over time. If we remove a major paid feature, we will tell you in advance where we reasonably can.

5. Plans, free trial, and billing

Plans

We offer a free Lite plan and these paid plans, each billed monthly or yearly: Growth ($29 per month or $290 per year), Pro ($79 per month or $790 per year), Team ($149 per month or $1,490 per year) and Agency ($299 per month or $2,990 per year). A plan's features, usage limits and seats are the same whichever billing interval you choose. Prices are in U.S. dollars. The features, usage limits (such as AI usage limits and team seats; see AI usage and fair use) and prices on our pricing page when you subscribe are part of these Terms. Prices do not include taxes unless we say so, and you are responsible for any taxes that apply.

Free trial

• Each paid plan starts with a 7-day free trial. You do not need a payment card to start it.
• You get one free trial per customer. If you have already had a BrokerBloom trial, on any paid plan, you will not get another one.
• If you have not added a payment method by the end of the trial, the trial subscription ends, your workspace returns to the free Lite plan, and you are not charged.
• If you add a payment method during the trial, your paid subscription starts automatically when the trial ends. You will be charged the plan price then, and again at the start of each billing period after that (every month or every year, depending on the billing interval you chose), unless you cancel before the trial ends.

Billing

Payments are processed by Stripe. Paid plans are billed in advance, monthly or yearly depending on the billing interval you choose, and renew automatically at the end of each billing period until you cancel. By adding a payment method, you authorize us, through Stripe, to charge the subscription fee and any applicable taxes each billing period.

If a payment fails, Stripe may retry it, and you may keep access for a short time while it does. If the payment still cannot be collected, your subscription may be canceled and your workspace will return to the Lite plan.

You can change plans in Settings, using Switch on a plan card or Manage billing. Both open the Stripe customer portal. The portal shows any proration before you confirm.

We may change our prices. If we do, we will give you at least 30 days' notice before the new price applies to your subscription. The new price takes effect at your next billing period after that notice. If you do not agree to the new price, you can cancel before it takes effect.

6. Cancellation and refunds

You can cancel at any time. In Settings, choose Cancel subscription or Manage billing, which opens the Stripe customer portal. You can also email us at hellobrokerbloom@gmail.com. Cancellation takes effect at the end of your current billing period. You keep access to your paid plan until then, and your workspace then returns to the Lite plan.

Refunds. Fees are non-refundable, and we do not give refunds or credits for partial billing periods (including the unused part of a month or a year) or unused features. This does not apply where a refund is required by law, or where we decide to offer one. If you think you were charged by mistake, email hellobrokerbloom@gmail.com within 30 days of the charge, and we will look into it.

When your workspace returns to Lite, your data stays in your account, but Lite's features and limits apply. Features that are not part of Lite may become unavailable.

7. The free Lite plan

Lite is free and has lower limits than the paid plans. It comes with no service level or support commitment. We may change Lite's features and limits, or stop offering Lite, with reasonable notice.

If a Lite account has been inactive for a long time, we may close it and delete its data. We will email the account address at least 30 days before we do.

8. Acceptable use

Use the Service only for lawful business purposes. You agree that you will not:

• send spam, or contact anyone who has not given any consent the law requires, who has opted out, or who is on a do-not-call list you must honor;
• upload or import personal information you do not have the right to use, such as lists collected without the consent the law requires for your outreach;
• publish false, misleading, or deceptive insurance advertising. This includes made-up testimonials, guaranteed savings or coverage claims, and suggesting that you are connected with a government agency, a government-sponsored health or benefits program, or a carrier when you are not;
• store highly sensitive information in BrokerBloom, such as Social Security numbers, full payment card or bank account numbers, driver's license numbers, or detailed medical or health information. The CRM is not designed for this kind of data and is not HIPAA-compliant;
• upload content that infringes someone else's rights, or that is unlawful, defamatory, harassing, or hateful;
• misuse the Facebook or Instagram connection, or break Meta's terms or any other platform's terms;
• probe, scan, or attack the Service, try to get around security or plan limits, reverse-engineer it, or scrape it;
• resell, sublicense, or share the Service or your login, or use it to build a competing product; or
• help or encourage anyone else to do any of these things.

9. AI-generated content

Content Studio's AI builder uses OpenAI to draft post copy: headlines, body text, calls to action, captions and hashtags. It works from your brand profile and from what you type, such as a goal and a topic. It also picks one of our templates, and the graphic is then built from that template with your brand colors, font and logo. BrokerBloom does not currently use AI to generate images.

AI drafts can be wrong. They can be inaccurate, incomplete, out of date, or not compliant with the rules that apply to you. They may also be similar to content that other users get. No licensed professional, and no one at BrokerBloom, reviews them before you see them.

You must review every draft before you post or send it. Check facts, figures, dates (such as enrollment periods), product availability, and required disclaimers. Edit as needed, and get any approvals you need. You are responsible for anything you publish or send, whether AI drafted it or not.

Do not put clients' personal or sensitive information into AI prompts. Each successful AI generation counts toward your plan's AI limit (see AI usage and fair use).

As between you and BrokerBloom, you own the AI output you create with the Service. This is subject to our rights in the templates and to the rights of others, and we do not promise that output is unique to you.

10. AI usage and fair use

Every plan includes AI usage, meaning AI-generated posts and captions in Studio. Each successful AI generation (a post draft or a caption) counts once; generations that fail do not count. Monthly limits reset on the first day of each calendar month. These are the limits for each plan:

• Lite: 3 AI generations per month.
• Growth: 60 AI generations per month.
• Pro: unlimited AI usage, with a fair-use level of 1,000 generations per month.
• Team: unlimited AI usage shared by your team, with a fair-use level of 2,000 generations per month for the whole team.
• Agency: unlimited AI usage shared by your team, with a fair-use level of 5,000 generations per month for the whole team.

Fair use. “Unlimited AI usage” on Pro, Team and Agency means normal use by real agents writing their own marketing. To keep the Service fast and affordable for everyone, those plans have a fair-use level: the monthly number above, and up to 150 generations per agent per day. On Team and Agency, the monthly level is shared by the whole team. If you reach a fair-use level, AI usage pauses until the level resets, and you can still create and edit posts by hand. If you need more, email hellobrokerbloom@gmail.com and we will raise it where we reasonably can.

Free trial. During a 7-day free trial, any paid plan includes 30 AI generations in total. Your plan's full limit applies once the paid plan starts.

You can see your AI usage for the current month in Settings. We may change these limits with reasonable notice. Using automated tools or scripts to generate content, or sharing an account to get around a limit, is not normal use.

11. Insurance compliance is your responsibility

BrokerBloom is a software tool. We are not an insurance agency, producer, broker, carrier, IMO, FMO, third-party marketing organization, lead vendor, or law firm. We do not sell, solicit, or negotiate insurance. We do not give legal, regulatory, compliance, tax, or insurance advice, and nothing in the Service is that kind of advice. Using BrokerBloom does not create an agency, employment, or carrier relationship between you and us.

You alone are responsible for making sure that your marketing and outreach follow the law and your contracts. This includes:

• Licensing and appointments. Holding the licenses and carrier appointments you need in every state where you market or sell.
• Carrier, IMO, FMO, and agency approvals. Getting any required approval of your ads, social posts, and use of carrier names and logos before you use them.
• State insurance advertising rules. Following each state's advertising and unfair trade practices rules, including required disclosures (such as your name and license number where required) and the rules on testimonials, comparisons, and claims.
• Government health programs and other specially regulated products. Following all federal and state marketing rules for every line you sell, including the rules for government-sponsored health programs and other specially regulated insurance products, wherever they apply to you. These include required disclaimers, the review and filing of materials, and the limits on contacting beneficiaries and consumers.
• Calls and texts. Following the Telephone Consumer Protection Act (TCPA), FCC rules, the National Do Not Call Registry and state do-not-call lists, the Telemarketing Sales Rule, and state telemarketing and texting laws. This includes getting and documenting consent before you call or text, and honoring opt-outs.
• Email. Following the CAN-SPAM Act and similar laws. This includes using accurate sender and subject lines, including your valid postal address, giving recipients a working way to opt out, and honoring opt-outs promptly. The CRM currently logs the emails and texts you send to leads. It does not send them, so each message you send yourself must include what the law requires, including your valid postal address and a working way to opt out.
• Privacy and data security. Following the privacy and data security laws that apply to you as an insurance licensee, such as the Gramm-Leach-Bliley Act, state insurance data security laws, and HIPAA if it applies to you.

Templates and safeguards are starting points

Our templates, sample text, sample disclaimers, and AI guardrails are generic starting points. They have not been approved for any carrier, state, or product, and they do not make your content compliant. Placeholders in [brackets] must be replaced with true, accurate information, or removed.

The CRM has some outreach safeguards:

• each lead has email opt-in, SMS opt-in, and do-not-contact settings;
• logging an email to a lead is blocked unless the lead has an email address, is marked as opted in to email, and is not marked do-not-contact; and
• logging a text is blocked if the lead is marked do-not-contact or has not opted in to SMS, or if it is outside allowed hours in the lead's local time. We infer the lead's time zone from the area code of their phone number and use 8am to 9pm local time. If we can't tell the time zone, we use a narrower window that falls within 8am to 9pm in every US time zone, including Alaska and Hawaii. For Pennsylvania area codes we use that state's stricter window of 9am to 7pm, with no texts on Sundays. Area codes don't always show where a person is, and this check does not cover holidays or every state's rules. You remain responsible for following the calling and texting time rules that apply to you.

New leads start opted out of email and SMS. They are marked as opted in only if you say they consented when you add them, or if your import file has a consent column that says so. You must set these flags to match each person's actual consent. The safeguards depend on the information you enter. They are aids only. They are not a consent-management system, and they do not replace your own compliance process or legal review.

12. Third-party platforms

The Service works with services run by other companies, including Meta (Facebook and Instagram), Stripe, and OpenAI. We do not control them. Your use of them is also governed by their own terms and policies.

Facebook and Instagram posting

You can connect Facebook Pages you manage, and the Instagram professional accounts linked to them. Direct posting (“post now” and scheduled auto-posting) is optional. It uses the Meta permissions you grant, and it may be limited or unavailable for some accounts depending on Meta's review and permissions. When it is available for your account, BrokerBloom will publish only the posts you choose to post now or schedule for auto-posting, and only to the account you pick. You can always download the design and post it yourself instead.

Direct posting depends on Meta, and it may not be available for every account. It relies on Meta's permissions, app review, account types, and API, all of which Meta can change. We may also pause direct posting at any time. A post can fail, or be delayed, without warning. When direct posting is not available or a post fails, BrokerBloom will show you so that you can download the design, copy the caption, and post it yourself. We do not guarantee that a scheduled post will publish at a particular time, or at all, so check your calendar for each post's status.

You can disconnect a Facebook or Instagram account at any time in Settings. You can also remove BrokerBloom's access in your Facebook settings. Our Privacy Policy explains what happens to your data when you do.

13. Your content and the license you give us

“Your Content” means everything you or your team upload, enter, or create in the Service. That includes your brand profile, logos, photos, designs, captions, scheduled posts, and CRM data.

You keep ownership of Your Content. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and adapt Your Content, but only as needed to provide, secure, and support the Service for you. This includes sending it to our service providers (for example, OpenAI for AI drafts) and publishing it to accounts you connect, when you tell us to. The license ends when Your Content is deleted from the Service. It continues only for copies in routine backups until they expire, and for anything you have already published on another platform.

You promise that you have all the rights you need to Your Content. That includes rights to logos, photos, and carrier marks, and permission from any client whose words or image you use.

Image links are public. To let Meta fetch your images when you publish, saved design images and the photos you upload are stored at web addresses that anyone with the link can open without signing in. The addresses are hard to guess, but do not upload images that contain private information.

We do not routinely review Your Content, but we may remove it if we believe it breaks these Terms or the law.

14. Customer data in the CRM

“Customer Data” means personal information about your leads, clients, and other people that you or your team enter or import into BrokerBloom. Examples are names, email addresses, phone numbers, lead source, pipeline stage, notes, activity history, and consent settings.

You control Customer Data, and we process it for you. You decide what Customer Data to collect and how to use it. BrokerBloom processes it on your behalf, following your instructions as expressed through your use of the Service. We use Customer Data only to provide, secure, and support the Service for you, and to comply with the law. We do not sell Customer Data, and we do not use it for our own marketing. We do not send it to OpenAI: the AI builder uses your brand profile and the prompts you type.

You are responsible for having a lawful basis for the Customer Data you use. That means giving any notices and getting any consents the law requires, keeping consent settings accurate, and responding to requests from the people in your CRM. We will give you reasonable help with those requests.

You can delete individual leads at any time. When your account is deleted, we delete Customer Data as described in our Privacy Policy. If your business needs a written data processing agreement, contact us at hellobrokerbloom@gmail.com. If we learn of unauthorized access to your Customer Data, we will tell you without undue delay, and as the law requires.

15. Referral program

Every BrokerBloom account in good standing gets a personal referral link. These referral terms apply if you share it.

How you earn

• A referral counts when a new customer creates a new BrokerBloom account through your link. The referral is recorded when the account is created. It cannot be added later, and it cannot be moved to someone else.
• You earn 10% of each subscription payment that BrokerBloom actually receives from the referred account, not counting taxes. Free trials and the Lite plan do not earn anything.
• You keep earning for as long as the referred account pays for a subscription, your account stays in good standing, and the program continues.

Payouts are not available yet

Payouts through Stripe Connect are not live yet. Until they are, your earnings are tracked in Settings under Referrals and shown as pending. Once we enable payout setup, you will need to finish Stripe's onboarding and accept Stripe's terms to receive payouts. Stripe will collect the identity, tax, and bank details it needs. Earnings are paid after you have finished that setup. We cannot promise a date when payouts will be enabled. Pending earnings are not wages, are not a balance you can withdraw, and do not earn interest.

Reversals

If a referred payment is refunded in full or in part, charged back, or lost in a dispute, the related earning is reduced or reversed in proportion. If that earning was already paid out, we may reverse the transfer, deduct the amount from future earnings, or ask you to repay it.

Not allowed

• Self-referrals. You may not refer yourself, your own extra accounts, or accounts you control or that belong to your own business or household.
• Fake, duplicate, or incentivized accounts that are created only to earn commissions.
• Spam, or unsolicited calls, texts, or emails promoting your link. Your outreach about BrokerBloom must follow the same laws as the rest of your marketing.
• Paid search ads that bid on “BrokerBloom” or similar terms.
• Misrepresenting BrokerBloom, making promises on our behalf, or suggesting that you work for us or are our partner.

If we reasonably believe that someone has broken these rules or committed fraud, we may withhold, cancel, or reverse the related earnings and remove that person from the program.

Other terms

You are responsible for any taxes on your earnings. We or Stripe may ask for tax information, and we or Stripe may issue tax forms where the law requires. Taking part in the program does not make you our employee, agent, or partner. As your referrer, someone sees only the referred account's first name and last initial, and the related earnings.

We may change, suspend, or end the referral program, or these referral terms, at any time. We will notify you of material changes. Earnings that were properly earned before a change or the end of the program remain payable under these terms once payouts are available. They are still subject to reversals.

16. BrokerBloom's intellectual property

BrokerBloom owns the Service, including its software, design, templates, text, graphics, and the BrokerBloom name and logo. These are protected by intellectual property laws. Apart from the rights these Terms give you, we keep all rights.

While you have an account, we give you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own business. You may use our templates to create and publish marketing content for your own insurance business, and you may keep using content you created even after you stop using BrokerBloom. You may not resell or redistribute the templates themselves, or offer them as templates.

17. Feedback

If you send us ideas, suggestions, or other feedback, we may use them for any purpose without paying you or owing you anything. You do not have to send feedback.

18. Suspension and termination

You can stop using the Service at any time. To cancel a paid plan, see Cancellation and refunds. There is not yet a button to delete your account in the app. To close your account and delete its data, email hellobrokerbloom@gmail.com from your account email address.

We may suspend or close your account, or limit features, if you break these Terms, do not pay, create risk or possible legal exposure for us or others, or if the law or a platform we rely on requires us to. Where it is reasonable, we will tell you first and give you a chance to fix the problem. If we close your account for a serious or repeated breach, you are not entitled to a refund.

When your account closes, your access ends and we delete your data as described in our Privacy Policy. You can download your designs at any time before then. If you ask within 30 days after closure, and we still have the data, we will make reasonable efforts to give you a copy of your CRM data in a common format.

Sections that by their nature should continue after termination will continue. These include payment obligations, earned referral amounts, ownership, disclaimers, limitation of liability, indemnity, and disputes.

19. Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not promise that the Service will be uninterrupted, error-free, or secure. We do not promise that posts will publish on time, or at all, or that AI drafts will be accurate. We do not promise that anything in the Service meets your legal, regulatory, carrier, or compliance obligations. We do not promise any business results, such as leads, sales, followers, or engagement. We are not responsible for third-party platforms or services.

20. Limitation of liability

To the fullest extent the law allows, BrokerBloom and its owners, contractors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages. They will also not be liable for lost profits, revenue, business, goodwill, or data, or for regulatory fines or penalties, even if we were told they were possible.

To the fullest extent the law allows, our total liability for all claims arising out of or relating to the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the event that gave rise to the claim, or (b) $100.

Some places do not allow some of these limits, so they may not all apply to you.

21. Indemnity

You will defend, indemnify, and hold harmless BrokerBloom and its owners, contractors, and service providers from any claims, losses, damages, fines, penalties, and expenses (including reasonable attorneys' fees) that arise out of or relate to any of the following:

• Your Content or Customer Data;
• the posts, emails, calls, and texts you publish or send, including claims under the TCPA, CAN-SPAM, state telemarketing laws, insurance advertising rules, or the marketing rules for government-sponsored health programs and other specially regulated insurance products;
• your insurance business; or
• your breach of these Terms or of the law.

22. Disputes and governing law

Talk to us first. If you have a dispute with us, email hellobrokerbloom@gmail.com and describe it. We will try to resolve it informally within 30 days before either of us goes to court. This does not stop either of us from seeking urgent relief to protect intellectual property or prevent harm.

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

Venue. Any lawsuit about these Terms or the Service must be brought in the state courts located in Johnson County, Texas, or in the United States District Court for the Northern District of Texas. You and we consent to the personal jurisdiction of those courts. Either of us may bring a qualifying claim in small claims court instead.

23. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will tell you by email or in the Service at least 30 days before it takes effect. Changes needed for legal or security reasons may take effect sooner. The “Last updated” date at the top always shows the current version. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and cancel your plan.

24. General terms

These Terms, together with the Privacy Policy and any plan details you accept, are the entire agreement between you and us about the Service.

• If any part of these Terms cannot be enforced, the rest stays in effect.
• If we do not enforce a term, that does not waive it.
• You may not transfer these Terms without our consent. We may transfer them as part of a reorganization, merger, or sale of our business.
• We are not responsible for delays or failures caused by events outside our reasonable control.
• We send notices to you electronically, to your account email address or in the Service. Notices to us, including legal notices, must be sent by email to hellobrokerbloom@gmail.com.

25. Contact us

Questions about these Terms? Email us at hellobrokerbloom@gmail.com. We handle all contact, including legal notices and privacy requests, by email. Our mailing address is BrokerBloom LLC, 5900 Balcones Drive, Suite #34485, Austin, TX 78731.