Terms of Service

These Terms of Service govern the relationship between you and Zafiro Technology, S.A. DE C.V., Bloomder, located at Calle Ricardo Margáin 335, Tower 1, Floor 4, Col. Valle del Campestre, San Pedro Garza García, Nuevo León, México, C.P. 66265 regarding use of https://bloomder.io (the "Service").

These Terms of Service are also available in Spanish for your convenience. In the event of any conflict or discrepancy between the English and Spanish versions, the English version shall govern and prevail.

1. Capacity

To use the Service, you must:

1. Be at least eighteen (18) years of age and be legally able to enter into contractual obligations.
2. If using the Services on behalf of an organization, you agree to these Terms on that organization's behalf and represent you have authority to do so.
3. Complete the registration process.
4. Accept these Terms.
5. Provide true, complete and current contact and billing information.
6. Not be subject to sanctions, embargoes and prohibitions that prohibit using this Service.
7. By using the Service, you represent and warrant you meet all requirements and will not use it in violation of laws or regulations.
8. Bloomder may refuse service, terminate accounts, and change eligibility requirements at any time.

2. Subscriptions

Billing Cycles are monthly or annual, depending on selected plan. Minimum Billing Cycles may apply.

You may cancel Subscription renewal through account settings or by contacting customer support, with 30 days' notice for Annual Subscriptions and anytime for Monthly Subscriptions.

A valid payment method is required. You must provide accurate and complete billing information. By submitting payment information, you authorize Bloomder to charge subscription fees to that instrument.

Listed prices do not include taxes, levies, fees or other similar government contributions of any nature, such as value added taxes, use taxes or withholding, unless indicated otherwise. You are responsible for all taxes and keeping billing information current.

3. Free Trial

Bloomder may offer a free trial limited to fourteen calendar days at its sole discretion, with no charges during this period.

Bloomder reserves the right to modify free trial terms or cancel the trial anytime without notice.

Service is delivered immediately upon free trial registration. When a subscription is contracted, service is delivered immediately once payment is credited.

4. Rate Changes

Bloomder, in its sole discretion and at any time, may modify the Subscription fees for Subscriptions. Changes become effective at the end of the current Billing Cycle.

Bloomder will provide reasonable advance notice of fee changes to allow cancellation before changes take effect.

Your continued use after modification becomes effective constitutes agreement to pay the new amount.

5. Content Licenses and Intellectual Property

Bloomder owns all intellectual property rights including sites, content, services, products, trademarks, logos, designs, images, copyrights, domains, software, databases, technology, patents, and trade secrets.

Although Bloomder grants permission to use its products and services as provided in the Terms and Conditions, this does not imply an authorization to use its Intellectual Property, except with the prior and express consent of Bloomder.

Prohibited uses include: illegal purposes, reverse engineering, derivative works, extracting data for reuse or creating competing databases, improper use causing confusion or harm, and using third‑party intellectual property without authorization.

If a User or publication infringes Bloomder's Intellectual Property, Bloomder may remove the publication, sanction the user, and exercise legal actions.

6. Authorized Use of the Service

You may only use the Service for lawful purposes consistent with its nature and purpose.

You must not use the Service to screen candidates or employees for illegal, unsafe, offensive, discriminatory, or inappropriate jobs.

You must not request information that could be used to discriminate against candidates or collaborators.

Unauthorized use of the Service may constitute a criminal offense and/or give rise to a claim for damages.

7. Accounts

You must provide accurate, complete, and current information when creating an account. Failure constitutes a breach that may result in account termination.

You are responsible for safeguarding your password and any activities under it, whether with Bloomder or third‑party services.

You agree not to disclose your password to third parties and must notify immediately of security breaches or unauthorized use.

Usernames cannot be another person's name, unavailable names, trademarked names without authorization, or offensive/vulgar/obscene names.

The account is personal, unique, and non‑transferable — it cannot be sold or transferred under any circumstances.

Users may create Collaborating Accounts with defined access permissions based on contracted plan.

8. Data Protection

You acknowledge that information about you and Posted Content will be collected, maintained, and used in accordance with the Privacy Policy.

9. Termination

Bloomder may terminate or suspend your account without notice or liability for any reason, including breach of Terms.

Upon termination, your right to use the Service immediately ceases. You may terminate by stopping Service use.

9.1 What happens to your data after cancellation

The following schedule is automated. It runs whether or not you ask, and it is enforced in the product rather than by a manual process:

• Days 0–30 — export window. Your account remains reachable and you can download a complete export of everything in it — responses, reports and trend history — from Settings or through the API. This is available on every plan, including the free one, and remains available after you cancel.
• Within 90 days — production data deleted. Your organization and everything belonging to it are permanently deleted from our production systems: employee records, surveys, responses, AI insights, action items, API keys and the audit trail. Deletion cascades; nothing is archived and nothing is retained for internal analytics.
• Within a further 35 days — backups. Deleted data can still exist inside automated database backups until those backups age out. Our database provider’s automated backup and point-in-time-restore window is capped at 35 days, so no copy of your data survives beyond 125 days from cancellation. We keep no manual snapshots that outlive that window.

If you resubscribe before the 90-day mark, the deletion is cancelled and your data is untouched.

We retain a deletion record containing your organization’s name, the cancellation and deletion dates, and the number of records removed in each category. It contains no personal data and no survey content, and exists so that we can confirm the deletion to you or to an auditor. Written confirmation is available on request at [email protected].

Where a law or a live legal proceeding requires us to retain specific records for longer, we will retain only what is required, only for as long as it is required, and we will tell you.

10. Limitation of Liability

In no event shall Bloomder, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, lost profits, data, use, goodwill, or other intangible losses.

Liability limitations do not apply if damages result from deliberate acts or gross negligence by Bloomder or senior management. Bloomder's total liability is limited to fees paid in the last Billing Cycle.

11. Disclaimer

Your Service use is at your own risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied, including merchantability, fitness for particular purpose, non‑infringement, or performance.

Bloomder does not guarantee:

1. the Service will be uninterrupted, secure, or available at particular times or places;
2. errors or defects will be corrected;
3. the Service is free of viruses or harmful components;
4. results will meet your requirements.

12. Applicable Law

These Terms are governed by Mexican and local laws. Disputes arising from application, interpretation, execution, or validity are resolved by competent ordinary national courts in Nuevo León, Mexico, except for public order regulations like consumer legislation. Bloomder's official address and RFC (ZTE090820MH4) are established as Calle Ricardo Margáin 335, Torre 1, Piso 4, Col. Valle del Campestre, San Pedro Garza García, Nuevo León, México, C.P. 66265.

13. Changes to Terms and Conditions

Bloomder reserves the right to modify these Terms anytime at its sole discretion. If a revision is material, we will attempt to provide at least 30 days' notice before any new terms take effect.

Continued Service use after revisions take effect constitutes agreement to revised terms. Stop using the Service if you disagree with new terms.

14. Contact Us

For questions about these Terms, contact [email protected].

15. 035 Shield Program Guarantees

This section applies only to customers of the 035 Shield Program — the Shield plan together with the 035 Shield Onboarding add-on — and only where the order form names the program. It states, in binding form, the three guarantees published on that page, including their limits. Where this section and any marketing page differ, this section governs.

15.1 Audit-ready file, or you do not pay

Bloomder will make your NOM-035 file audit-ready within 30 calendar days of kickoff. Kickoff is the date the onboarding session is held. If Bloomder fails to deliver within that window for reasons attributable to Bloomder, the following month of subscription is not charged, and no further month is charged until the file is delivered, up to a maximum of three months.

The 30-day clock pauses while Bloomder is waiting on you: the employee roster, the launch approval for the first cycle, or any information only you hold. It resumes when that dependency is met.

15.2 Participation, guaranteed

Before the first cycle opens, Bloomder and you agree in writing on a participation threshold, expressed as a percentage of invited employees who submit a response. If the first cycle closes below that threshold, Bloomder will continue working with you at no additional cost through a second full cycle, to be run within 90 days of the first one closing.

The guarantee does not apply where the agreed distribution plan was not followed — for example, where reminders were disabled or the survey was not communicated to the workforce as set out in the participation playbook.

15.3 Audit support

If a labour authority inspects you while the program is in force, Bloomder will help you prepare the NOM-035 documentation at no extra charge, up to ten specialist hours per inspection. This is documentary preparation. It is not legal representation, and Bloomder does not appear before the authority on your behalf.

15.4 What is not guaranteed

Bloomder does not guarantee that you will not be fined. The outcome of an inspection is decided by the Secretaría del Trabajo y Previsión Social, not by Bloomder. Nor does Bloomder guarantee a reduction in employee turnover, which has causes outside the scope of any survey platform. What Bloomder is accountable for is the file, the participation and the support described above.

15.5 How to claim

Write to [email protected] within 30 days of the event giving rise to the claim. The remedies in this section are the sole and exclusive remedies for the matters they cover.