Terms of Service

Please read these Terms of Service ("Terms") carefully before using any services operated by Cactus Bloom Enterprises LLC ("Company," "we," "us," or "our"). By accessing or using our website at CactusBloomEnterprises.com, our mobile applications, or any other digital services we provide (collectively, the "Services"), you agree to be legally bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

1. Description of Services

Cactus Bloom Enterprises LLC is a registered U.S. limited liability company that develops, publishes, and supports mobile applications, web-based digital products, and related software services. The specific features, functionality, and content of the Services may change over time as we improve and expand our offerings.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

2. Eligibility

To use our Services, you must:

• Be at least 13 years of age (or 18 years of age for Services designated as adult-only).
• Have the legal capacity to enter into a binding agreement in your jurisdiction.
• If accessing on behalf of an organization, have authority to bind that organization to these Terms.
• Not be located in a jurisdiction subject to U.S. government embargo or sanctions, nor be listed on any U.S. government list of prohibited or restricted parties.

By using our Services, you represent and warrant that you meet all of the above eligibility requirements.

3. User Accounts

Some of our Services may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete registration information.
• Maintain the security and confidentiality of your account credentials.
• Accept responsibility for all activity that occurs under your account.
• Notify us immediately at support@CactusBloomEnterprises.com if you suspect unauthorized access to your account.

We reserve the right to suspend or terminate your account if you provide false or misleading information, or if we reasonably suspect a breach of account security or these Terms.

4. Acceptable Use

You agree to use our Services only for lawful purposes and in a manner consistent with these Terms. You are permitted to:

• Access and use the Services for personal, non-commercial purposes.
• Access and use the Services for lawful commercial purposes where such use is supported by the specific Service.

You are prohibited from:

• Using the Services for any illegal purpose or in violation of any applicable law or regulation.
• Attempting to reverse engineer, decompile, or disassemble any part of the Services.
• Circumventing, disabling, or interfering with any security features of the Services.
• Using automated bots, scrapers, or crawlers to access or extract data from the Services without our prior written consent.
• Uploading or transmitting viruses, malware, or any other malicious code.
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity.
• Harassing, abusing, or threatening other users or our team members.
• Infringing upon the intellectual property rights of Cactus Bloom Enterprises LLC or any third party.
• Using the Services to collect personal information about other users without their consent.

We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions, including without limitation terminating their access to the Services.

5. Intellectual Property

The Services and all content, features, and functionality therein — including but not limited to software, code, text, graphics, logos, trademarks, icons, images, and audio clips — are owned by Cactus Bloom Enterprises LLC or its licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

Nothing in these Terms transfers ownership of any intellectual property to you. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your own personal or internal business purposes in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any part of the Services without our express prior written consent.

6. User-Generated Content

If any of our Services permit you to submit, post, or share content (including text, images, or other materials), you retain ownership of any intellectual property rights you hold in that content. However, by submitting content to our Services, you grant Cactus Bloom Enterprises LLC a worldwide, royalty-free, non-exclusive, sublicensable license to use, store, reproduce, modify, display, and distribute that content solely for the purpose of operating and improving the Services.

You represent and warrant that: (a) you own or have the necessary rights to the content you submit; (b) the content does not infringe any third-party rights; and (c) the content complies with these Terms and all applicable laws. We reserve the right to remove any content that violates these Terms or that we find objectionable in our sole discretion.

7. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. By agreeing to these Terms, you also agree to the terms of our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

8. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CACTUS BLOOM ENTERPRISES LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Services will meet your specific requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from use of the Services will be accurate or reliable; or (d) any errors in the Services will be corrected.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CACTUS BLOOM ENTERPRISES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall our aggregate liability to you for all claims arising out of or relating to the Services or these Terms exceed the greater of: (a) one hundred U.S. dollars ($100.00); or (b) the total amount you paid us, if any, in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Cactus Bloom Enterprises LLC and its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your User-Generated Content; (d) your violation of any third-party rights, including intellectual property rights or privacy rights; or (e) your violation of any applicable law or regulation.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Binding Arbitration: Except for claims that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in the English language. Judgment on the arbitration award may be entered in any court having jurisdiction.

Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and Cactus Bloom Enterprises LLC individually. You waive any right to bring or participate in a class action lawsuit, class-wide arbitration, or any other representative action or proceeding.

Time Limit: Any claim or cause of action arising out of or related to the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.

12. Changes to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. When we make changes, we will update the "Effective Date" at the top of this page. For material changes that significantly affect your rights or obligations, we will make reasonable efforts to provide advance notice through our Services or by email.

Your continued use of the Services after any updated Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.

13. Contact

If you have any questions about these Terms of Service or wish to contact us for any legal purpose, please reach out to: