Terms of Service

Terms and Conditions

Terms for the use of Bold Bloom

§ 1 Subject Matter

(1) The provider grants the user access to the Bold Bloom software. Bold Bloom is a cloud-based software solution supporting coaches and companies in coaching, team and organisational development processes. Based on the data entered or selected by the user, Bold Bloom enables in particular the management of user, team and client data, coaching and session notes, files, appointments, mood and feedback surveys as well as status information. The platform may additionally provide optional AI-assisted features, in particular for generating proposals for coaching sessions.

(2) The precise scope of functions follows from the current service description on the website at https://www.bold-bloom.com.

§ 2 Scope

(1) The following terms and conditions apply to contracts that you as the user conclude with us, Julia Kalder, Bold Bloom, c/o Autorenglück #80461, Albert-Einstein-Str. 47, 02977 Hoyerswerda, as the provider.

(2) Contracts are concluded exclusively with entrepreneurs within the meaning of § 14 BGB, legal persons under public law and special funds under public law. Consumers within the meaning of § 13 BGB are excluded from using the service.

(3) Deviating, conflicting or supplementary terms of the user become part of the contract only if the provider has expressly agreed to their application in text form.

§ 3 Conclusion of Contract and Registration

(1) The presentation of the services on the provider's website does not constitute a legally binding offer but an invitation to submit an order (invitatio ad offerendum).

(2) By registering on the platform, the user submits a binding offer to conclude a usage contract. By registering, the user confirms that they act as an entrepreneur within the meaning of § 14 BGB and are authorised to conclude the contract. The user must provide complete and accurate details of the company or business name, business address, contact person and email address, and must update any changes without undue delay. Acceptance occurs through an express confirmation email from the provider or through activation of the user account.

(3) There is no entitlement to registration. The provider reserves the right to reject registration requests without stating reasons.

(4) In case of doubt, the provider may request evidence of entrepreneur status or authority to represent, and may provisionally suspend the user account until the matter is clarified.

§ 4 Payment Terms and Prices

(1) The package prices listed at https://www.bold-bloom.com/en/pricing at the time the contract is concluded apply, together with the scope of functions and conditions described there.

(2) All prices are final prices. No VAT is charged or shown pursuant to Section 19 of the German VAT Act (§ 19 UStG, small business regulation).

(3) Payment is made via the payment methods offered at the time the contract is concluded.

(4) The agreed fee is payable in advance.

(5) If an amount due cannot be successfully collected via the stored payment method, if a payment is charged back or fully refunded, the provider is entitled to provisionally suspend the user's access to the platform upon the occurrence of the respective event, insofar as this is necessary to safeguard payment processing.

(6) The provider reserves the right to change its price list after the user has been separately informed by email. Changes are communicated to the user by email at least one month before they take effect. If the user does not object within two weeks of receiving the notification, the changes are deemed approved. In the event of an objection, the provider reserves the right of ordinary termination.

§ 5 Term, Free Entry and Termination

(1) Bold Bloom is offered as a free Solo plan and as a paid subscription terminable on a monthly basis. The plans, services and prices available in each case follow from the pricing page applicable at the time of ordering at https://www.bold-bloom.com/en/pricing.

(2) Paid monthly plans renew automatically for a further month unless terminated before the start of the next billing period.

(3) Every new user receives access to the platform for a period of 30 days after registration without having to store a means of payment. During this period the functions and limits of the free Solo plan are available. After the 30 days have elapsed, the user account continues on the free Solo plan unless the user expressly concludes a paid subscription.

(4) A paid plan begins only once the user expressly selects and concludes it. The fee owed for the first billing period is then charged via the payment method offered at the conclusion of the contract, in the amount previously displayed.

(5) Voucher codes may — depending on the conditions stated for the respective voucher code — grant percentage or fixed price reductions as well as free months. Free months granted are credited against subsequent monthly billing periods. Percentage or fixed price reductions apply exclusively to the number of billings specified for the respective voucher code. The conditions displayed when redeeming the voucher code during the ordering process are decisive.

(6) The paid subscription may be terminated by the user at any time via the account settings or in text form. Termination takes effect at the end of the current billing period already paid for. Access to the services included in the respective plan remains in place until that point.

(7) By way of derogation from paragraph 6, a termination is processed immediately where payment is made via PayPal, due to the technical payment processing. No further PayPal debits occur. The user account is downgraded to the free Solo plan where available. No refund is made for the current billing period.

(8) The provider is entitled to further develop, change, supplement or discontinue content, functions and technical arrangements of Bold Bloom, provided that this does not impair the essential contractually agreed functions of the respective booked plan. This applies in particular to functions still in a trial or development phase.

(9) The right of either party to terminate the contract without notice for good cause remains unaffected. The provider is entitled to terminate without notice in particular if the user fails to make a payment due despite a reminder and a reasonable grace period, or breaches the following contractual provisions on the use of the software. In the event of justified suspicion of fraud or misuse, a security risk or a serious breach of contract, the provider is entitled to provisionally suspend access, insofar as this is proportionate.

Cancellation process: Cancellation is processed on the billing page via the highlighted "Verträge hier kündigen" action and the "jetzt kündigen" confirmation. After confirming the cancellation, a confirmation email with the effective date is sent. Stripe cancellations become effective at the end of the current billing period; until then, access remains unrestricted and customers may resume before the period ends ("Resume Subscription"). PayPal cancellations are processed immediately because of the PayPal integration; PayPal will not charge again and the account moves to the free plan. No refund is issued for the current billing period.

§ 6 Scope of the Granted Right of Use

(1) The provider grants the user the non-exclusive and non-transferable right to use the services and content designated in these terms of use for the duration of the contract in accordance with the provisions of this contract.

(2) The user is not entitled to reproduce the software provided for use and/or to make it available to third parties for use, whether for consideration or free of charge.

§ 7 Availability, Maintenance and Support

(1) The provider endeavours at all times to achieve the highest possible availability. Excluded from availability are periods in which the server cannot be reached due to technical or other problems outside the provider's sphere of influence (in particular force majeure, fault of third parties). Also excluded is planned maintenance work (e.g. updates) that either falls outside ordinary business hours from Monday to Friday (taking into account all public holidays in the German federal state of NRW) between 9:00 and 18:00, or that has been announced in advance by the provider.

(2) Independently of this, the provider monitors the basic functions of the SaaS services daily. Maintenance is generally ensured from Monday to Friday, from 09:00 to 18:00. In the event of serious errors — that is, where use of the SaaS services is no longer possible or is considerably restricted — the provider will, upon becoming aware, begin error analysis and error rectification without undue delay within its operational and technical possibilities. This does not constitute an assurance of particular response, restoration or rectification periods.

§ 8 General Conditions of Use and User Obligations

(1) The user is obliged to prevent unauthorised access by third parties to the protected areas of the services provided, in particular by securely safeguarding their access credentials and taking suitable precautions. To this end the user will, where necessary, instruct their employees to comply.

(2) The user is not permitted to upload unlawful content or content that violates laws, official requirements or third-party rights.

(3) The user is further not permitted to use the platform by means of automated facilities, in particular bots, scrapers or comparable technical means, and/or to circumvent technical protection mechanisms. The user must not pass on access credentials, login links or other means of authentication to third parties. The user must inform the provider without undue delay if they suspect loss, misuse or other unauthorised access to their user account.

(4) Independent commercial marketing of the platform as a service (e.g. resale of access or acting as a "reseller") without a corresponding agreement with the provider is prohibited.

(5) The user is prohibited from copying, reproducing, modifying, reverse engineering, decompiling, disassembling or otherwise reconstructing the source code of the software provided, in whole or in part, unless this is permitted under mandatory statutory provisions. The user is likewise prohibited from analysing functionalities or the system architecture of the software in order to rebuild, imitate or otherwise use, market or make available to third parties the software in whole or in part. The user undertakes to refrain from all technical and organisational measures aimed at circumventing protection mechanisms or licence controls of the software.

(6) Bold Bloom provides tools for organising and conducting coaching, team and organisational development processes. The user remains responsible for the selection, entry, processing and use of content, in particular coaching notes, session notes, mood and feedback surveys as well as uploaded files. Insofar as the user processes personal data of clients, team members or other data subjects in Bold Bloom, the user ensures that a sufficient legal basis exists for this and that the data subjects have been duly informed where required. Insofar as special categories of personal data within the meaning of Art. 9 GDPR are processed — in particular information on physical or mental condition, mood data or wellbeing information — the user ensures that the necessary requirements, in particular any required explicit consent of the data subject, are met.

(7) The optional AI feature "AI Session Proposal" generates proposals automatically on the basis of the content selected or entered by the user. AI-generated proposals may be incorrect, incomplete or unsuitable for the respective coaching context. They do not replace professional review by the user. The user remains solely responsible for the selection, review and use of the proposals. The user may only process and transmit to the AI feature content for which they hold the necessary rights and — where required — consents. Personal data that is not required, and special categories of personal data, are to be removed from AI inputs, uploaded files and bug reports.

(8) Bold Bloom serves to organise and support coaching, team and organisational development processes. The platform, its content and in particular any AI-generated proposals do not replace medical, psychotherapeutic, psychological or other health-professional advice, diagnosis or treatment. Bold Bloom is not intended for medical emergencies or crisis situations. In the event of health-related or psychological crisis situations, the user must involve suitable qualified specialist services, physicians, psychotherapists or emergency services.

§ 9 Consequences of Breaches of User Obligations

(1) The provider is entitled to immediately suspend access to the platform where there is justified suspicion that the user is in breach of the obligations set out in these terms of use.

(2) Justified suspicion of unlawfulness and/or an infringement exists in particular where courts, authorities and/or other third parties notify the provider thereof, or where the provider otherwise becomes aware of a possible breach. The provider must notify the user of the suspension and the reason for it without undue delay. The suspension must be lifted as soon as the suspicion is dispelled.

§ 10 Indemnification

(1) The user is obliged to keep access credentials, session and OAuth tokens and other means of authentication confidential, to protect them against access by unauthorised third parties and to make them accessible exclusively to authorised persons. Access credentials, login links and other means of authentication must not be passed on to unauthorised third parties.

(2) The user must inform the provider without undue delay if they suspect loss, misuse or other unauthorised or suspicious access to their user account, access credentials, session or OAuth tokens. In the event of security incidents the provider is entitled to provisionally suspend or deactivate sessions and tokens and to require re-authentication, insofar as this is proportionate. The user is liable for acts carried out via their user account for which they are responsible.

(3) The user indemnifies the provider against all justified third-party claims asserted on account of unlawful use of the platform for which the user is responsible, a culpable breach of the security, data protection, review or information obligations set out in this contract, or on account of unlawful or infringing content. This includes in particular claims based on inadequately secured access credentials, the unauthorised passing on of means of authentication, impermissible processing of personal data, a missing required consent or an infringement of third-party rights.

(4) The indemnification also covers the necessary and reasonable costs of legal defence, including reasonable attorney's fees. The provider will inform the user without undue delay of the assertion of such claims and will, insofar as legally and factually possible, give the user the opportunity to participate in the defence. The provider will not acknowledge any claims or conclude a settlement without the user's consent insofar as this would unreasonably impair the user's legitimate interests.

§ 11 Liability for Defects and Liability

(1) The provider warrants the functional and operational readiness of the platform in accordance with the provisions of this contract.

(2) The user must notify the provider of defects in the platform without undue delay and in a comprehensible form, and must cooperate appropriately in the analysis and rectification. The provider is initially entitled to remedy the defect by rectifying the error, providing a workaround or providing a corrected version. Claims for defects do not exist insofar as an error is based on an unsupported technical environment, a required update that was not carried out, a change made by the user, an outage or restriction of a third-party service, or use of the platform contrary to the contract. Mandatory statutory rights remain unaffected.

(3) Should services of the provider be used by unauthorised third parties using the user's access credentials, the user is liable for the fees incurred as a result within the scope of civil liability until the provider receives the user's instruction to change the access credentials or the report of a loss, theft or misuse, provided that the user is at fault for the access by the unauthorised third party.

(4) Claims for damages against the provider are excluded irrespective of the legal ground, unless the provider, its legal representatives or vicarious agents acted intentionally or with gross negligence. Claims under paragraphs 5 and 6, under the Product Liability Act, arising from a guarantee expressly assumed by the provider, and on the basis of other mandatory statutory provisions remain unaffected.

(5) In the event of a slightly negligent breach of a material contractual obligation by the provider, its legal representatives or vicarious agents, the provider is liable only for compensation of the foreseeable damage typical for the contract. Material contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the user may regularly rely. In cases of slight negligence, liability is limited, per damaging event and in total for all damage arising from the same damaging event, to the fees actually paid by the user for the services affected by the damage in the twelve months preceding the occurrence of the event giving rise to the damage. If the contractual relationship had not yet existed for twelve months at the time of the event giving rise to the damage, the fees actually paid up to that point are decisive.

(6) The provider is liable without limitation for damage arising from injury to life, body or health caused intentionally or negligently by the provider, its legal representatives or vicarious agents.

(7) The provider's no-fault liability in damages for defects existing at the conclusion of the contract pursuant to § 536a(1) alternative 1 BGB is excluded.

(8) The provider is not liable for the loss of data insofar as the damage is based on the user having failed to back up the data and content stored on the platform regularly and properly, provided such a backup was necessary to avoid or limit the damage and was reasonable for the user.

(9) The content, templates, evaluations, notices, AI-generated proposals and other information provided by Bold Bloom are created on the basis of the content entered or provided by the user and the respective technical evaluation and generation procedures. They do not constitute medical, psychotherapeutic, psychological, legal or other health-professional advice, diagnosis or treatment. They do not constitute an assurance that content is complete, correct, current or suitable for a particular coaching, team or organisational development purpose. The user is obliged to review content and proposals on their own responsibility before using them and, where necessary, to obtain qualified professional advice.

(10) The provider assumes no warranty for the accuracy, completeness or currency of the details entered, uploaded or provided by the user, nor of the content created on that basis. This also applies to data, content and proposals originating from AI systems or other third-party services; these may in particular be incorrect, incomplete, outdated or unsuitable for the respective coaching context. In particular, the provider assumes no responsibility for ensuring that coaching notes, session content, mood or feedback surveys, AI proposals or other content meet all legal, professional, organisational or technical requirements applicable to the user. Responsibility for the use, review and lawfulness of the content, and for the existence of required legal bases and consents, remains with the user.

(11) For services provided free of charge, the provider is liable — subject to mandatory statutory provisions — only in cases of intent and gross negligence. Liability for damage arising from injury to life, body or health and under the Product Liability Act remains unaffected.

§ 12 Data Protection

(1) The provider processes personal data of the user and other data subjects in accordance with the applicable privacy policy.

(2) Insofar as the provider processes personal data on behalf of the user and the requirements of Art. 28 GDPR are met, the parties conclude a data processing agreement pursuant to Art. 28 GDPR before the relevant processing begins. The data processing agreement forms part of the contractual relationship.

(3) The user remains responsible for the lawfulness of the data and content introduced, uploaded or processed by them on the platform. This applies in particular to the existence of a required legal basis, compliance with statutory information obligations, observance of the principle of data minimisation and the issuing of lawful instructions to the provider. Insofar as the user processes special categories of personal data within the meaning of Art. 9 GDPR, the user additionally ensures that a suitable legal basis exists for this, in particular any required explicit consent.

§ 13 Amendments to these Terms

The provider reserves the right to amend these terms with effect for the future. Amendments are communicated to the user by email at least one month before they take effect. If the user does not object within two weeks of receiving the notification, the amendments are deemed approved.

§ 14 Final Provisions

(1) The law of the Federal Republic of Germany applies to this contract, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) Where the user is a merchant, a legal person under public law or a special fund under public law, the venue for all disputes arising from contractual relationships between the user and the provider is Düsseldorf.

(3) The provider is entitled to transfer this contract with all rights and obligations to a legal successor or an affiliated company. The provider will inform the user of the transfer in text form in good time. The user is entitled to terminate the contract as at the time the transfer takes effect. The user may transfer rights and obligations under this contract only with the provider's prior consent in text form.

§ 15 Miscellaneous

(1) No verbal side agreements have been made. Amendments, supplements and additions to this contract are valid only if agreed between the contracting parties in text form. This does not apply to individual contractual agreements within the meaning of § 305b BGB with an authorised representative of the provider. Otherwise, the form requirement cannot be set aside by verbal agreement, conclusive conduct or tacitly.

(2) Should individual provisions of this agreement be or become wholly or partly void or ineffective, the validity of the remaining provisions is not affected. Statutory law takes the place of provisions not incorporated or ineffective. Where such statutory law is not available in the respective case (gap in the rules) or would lead to an untenable result, the parties will enter into negotiations to agree an effective provision in place of the provision not incorporated or ineffective which comes as close as possible to it in economic terms.

Version: 2026-09-12