Terms of Service for SmileBloom Platform

Last updated: September 15, 2026

Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between SmileBloom AI LLC (“Company,” “we,” “us,” or “our”) and you (“you” or “User”) governing your access to and use of SmileBloom Platform including any websites, mobile applications, APIs, notifications, widgets, or services that link to these Terms (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

We may update these Terms at any time in our sole discretion. If we make material changes, we will update the “Last updated” date and, where appropriate, provide additional notice. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

Eligibility and Account Registration

You must be at least 13 years old to use the Service. Users ages 13 through 17 (“Teen Accounts”) may use the Service only if a parent or legal guardian has accepted these Terms and agrees to be responsible for the Teen Account’s activity. Children under 13 may use the Service only through a child profile created and controlled by an adult account holder; a child profile may not be used to create an independent login. By using the Service, you represent that you meet these requirements and are not barred from using the Service under applicable law. If you open an account on behalf of a company or other entity, you represent that you have authority to bind that entity.

You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. Notify us immediately of any unauthorized use or security breach.

User Content; License to Company

The Service enables Users to create, post, upload, stream, transmit, share, or otherwise make available content, including text, images, audio, video, live streams, comments, reactions, polls, and other materials (“User Content”). You retain ownership of your User Content, subject to the rights granted below.

By providing User Content, you grant Company a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, use, reproduce, modify, adapt, transcode, publish, translate, create derivative works, generate previews and banners, stream, publicly perform, publicly display, distribute, and otherwise exploit your User Content in connection with operating, improving, promoting, and providing the Service (including our APIs and embeds), and to make your User Content available to other Users consistent with your selected audience and settings. This license terminates when you delete the applicable User Content from the Service, except that copies already shared, distributed, or cached by Company or other Users may persist to the extent reasonably necessary to preserve those prior shares or caches, comply with law, or maintain ordinary technical backups. Nothing in this paragraph transfers ownership of your User Content.

You represent and warrant that you have all rights necessary to grant the foregoing license and that your User Content does not infringe any third-party rights, including copyrights, trademarks, privacy, or publicity rights.

AI-Generated Content

The Service uses third-party artificial-intelligence services, including OpenAI, Google, ElevenLabs, fal.ai, and xAI, to generate or process text, images, audio, video, avatars, voices, transcriptions, and other content from member inputs, including prompts, story text, uploaded photos, character descriptions, idea text, and voice samples.

AI outputs may be inaccurate, incomplete, biased, offensive, or unexpected and may not be suitable for any particular purpose, audience, or use. To the maximum extent permitted by law, Company disclaims all warranties regarding AI outputs, including their accuracy, reliability, originality, safety, legality, or fitness for a particular purpose.

You are solely responsible for reviewing, editing, verifying, labeling where required, and deciding whether to publish, share, stream, or otherwise use AI-generated content. You are responsible for the content you create or publish using the Service and for ensuring that it is appropriate for its intended audience and complies with these Terms and applicable law.

To provide AI features, member inputs may be transmitted to and processed by the third-party AI providers identified above under their respective terms, policies, and privacy practices. Company does not control those providers’ processing, retention, model behavior, or availability. By using an AI feature, you authorize this processing to the extent necessary to provide the requested feature.

You may not use the AI features to generate or facilitate illegal content; child sexual abuse material or sexually explicit content involving minors; deepfakes or other synthetic depictions of real people without appropriate consent; content that infringes or misappropriates third-party rights; or any content that violates these Terms, our Community Guidelines, or applicable law.

AI credits are required for every AI generation, including generation of text, images, audio, video, avatars, voices, and related assets. Credits may be charged before generation begins and are non-transferable and non-refundable once consumed, except as required by applicable law or expressly provided by Company.

Subscriptions, Credits, and Payments

Paid subscription plans automatically renew for successive monthly or annual periods, as applicable, unless you cancel before the next renewal date through the subscription controls. By purchasing a subscription, you authorize recurring charges to the payment method maintained through our payment processor until cancellation. We will provide the auto-renewal disclosures, renewal reminders, and cancellation rights required by applicable law, including California and Illinois law.

Monthly plan AI credits refresh every 30 days measured from the applicable signup or renewal date and expire at the end of that cycle. Purchased top-up credits persist until used, subject to these Terms, and are added to the applicable shared family credit pool.

Credits consumed for AI generation are not refundable. Subscription charges are refundable only as required by applicable law or as otherwise expressly stated by Company. Any payment dispute or chargeback may be handled through Stripe and applicable payment rules.

Smile Points are loyalty and engagement points only. They have no cash value, are non-transferable, cannot be redeemed for money, and do not constitute currency or a payment method.

Creator Rewards are a recognition metric that counts finished reads and views of a member's works published to the Creator Network by other members outside the member's household or circle. Creator Rewards have no

cash value, are not currency, credits, or a payment method, are non-transferable, and cannot be redeemed for money or goods. Company may change how Creator Rewards are counted, displayed, or used at any time. Company may in the future offer programs that convert Creator Rewards into payments or other benefits; any such program will be subject to separate terms and eligibility criteria, and no such program is promised or guaranteed by these Terms.

The Founding Member offer is limited to the first 1,000 Family plans and first 1,000 Pro plans. Founding plans are billed annually at 12 times the applicable monthly price and do not provide a discount. A qualifying member receives permanent Founder status and the applicable badge, together with any early-access or founder benefits described at purchase. Company may, at its sole discretion, provide additional founder benefits from time to time; any such benefits are not guaranteed and do not form part of the purchased plan. Founder status and benefits are personal to the original member and are not transferable.

All subscription, top-up, and other card payments are processed through Stripe Checkout or Stripe-hosted billing. SmileBloom does not receive or store full payment card numbers; Stripe handles payment card information in accordance with its terms and privacy practices.

Family Accounts and Child Profiles

A Bloom Circle allows an account holder to create a family circle and add seated members. Seated members share the circle owner’s subscription seats and AI credit pool; connected contacts who are not seated members do not share those benefits. The circle owner is responsible for all charges, top-ups, and other purchases made through the shared circle or its credit pool.

Child profiles for children under 13 may be created only by a logged-in adult account holder and remain controlled through that adult account. A child profile cannot sign in independently and may access only family-scoped features made available by Company, including age-labeled content and other family or friend interactions permitted by the Service.

The parent or legal guardian who creates or controls a child profile is solely responsible for the child’s use of the Service and for all content, messages, AI interactions, and other activity created or undertaken through that child profile.

Teen Accounts are subject to additional restrictions. Teen Accounts may not publish books publicly, and content created through a Teen Account must be limited to audiences designated for children or teens, as applicable. Company may apply additional age-gating or safety restrictions.

All activity that consumes credits through a Bloom Circle, including activity through a child profile, is charged to the shared credit pool. The circle owner is responsible for monitoring use and for all resulting charges, whether or not the owner personally initiated the activity.

Voice Cloning and Biometric Data

If enabled by the Service, you may upload a voice recording to create a synthetic voice and may upload photographs to create AI-generated 3D avatars or cartoon characters. By submitting those materials, you consent to Company’s collection, use, storage, and processing of the resulting voice, likeness, and related biometric information as necessary to provide those features.

To the extent applicable, your consent is intended to satisfy the written consent and release requirements for biometric identifiers and biometric information under the Illinois Biometric Information Privacy Act and other applicable state laws. Company will use this information only to create, operate, host, and support your creative works and related features on the Service, and not for unrelated biometric identification or advertising.

You may request deletion of your voice recordings, synthetic voice data, biometric information, avatar source photographs, and related biometric data at any time by contacting support. Deletion may disable or remove the associated voice or avatar features, subject to the User Content license, the Privacy Policy, and copies already shared or incorporated into prior works.

You represent and warrant that you have all rights, permissions, and consents required to upload or use any voice, photograph, likeness, or other identifying material, including appropriate consent from a parent or legal guardian for any child’s likeness or voice. You must not upload another person’s likeness or voice without that person’s consent or, for a child, the consent of the child’s parent or legal guardian.

Community Guidelines; Acceptable Use

You agree to comply with our Community Guidelines (incorporated by reference) and not to misuse the Service. Prohibited behavior includes, without limitation: (a) illegal activity; (b) content that is discriminatory, harassing, hateful, violent, or sexually exploitative; (c) child sexual abuse material or sexually explicit content involving minors; (d) creating, uploading, or sharing deepfakes or other synthetic media depicting a real person without appropriate consent; (e) using AI tools to generate or facilitate illegal content, child sexual abuse material, sexually explicit content involving minors, deepfakes, or content that violates these Terms; (f) doxxing, malware, spam, platform manipulation, impersonation, or evasion of safety, authenticity, age, audience, or content-gating systems; (g) circumventing age restrictions or content gates; (h) representing AI-generated content as entirely human-created where disclosure is required by law or applicable platform rules; (i) abusing, misappropriating, or attempting to access another person’s shared family credit pool, credits, or virtual goods; (j) uploading, publishing, or distributing copyrighted or otherwise protected material without the necessary rights or permissions; (k) intellectual-property infringement; and (l) attempts to facilitate or conceal any of the foregoing. Violations may result in removal of content, age-gating, feature restrictions, account suspension, or termination.

The Service offers direct messaging, live streaming, and groups; you agree not to use these features to engage in prohibited conduct or to facilitate rule violations by others.

Live Streaming

Live streams are recorded and automatically archived as videos. By initiating, joining, or appearing in a live stream, you consent to the recording, storage, review, moderation, replay, and distribution of the stream consistent with the selected audience, the Service features, and the User Content license.

You may not use a live stream to engage in conduct prohibited by these Terms or to broadcast content that is illegal, exploitative, harassing, violent, sexually explicit involving minors, infringing, or otherwise unsafe or inappropriate for the selected audience. You must have all rights and permissions required for every person, recording, performance, image, sound, or other material included in a stream.

Child profiles may not host, initiate, or appear in live streams. Teen Accounts may participate only with the consent and supervision of a parent or legal guardian and only in streams restricted to a family, child, or teen audience, unless Company expressly permits otherwise under applicable law.

Company may monitor, review, moderate, delay, restrict, age-gate, remove, or terminate any live stream or archive at any time, with or without notice, to enforce these Terms, protect members, or address safety, legal, or operational risks.

Copyright Policy; DMCA

We respect intellectual property rights and will remove material upon proper notice of claimed infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA) and applicable law. Our designated agent is: SmileBloom AI LLC, Attn: Copyright Agent, 100 Illinois St. Suite 200, Saint Charles, IL 60174, copyright@smilebloom.ai. A copyright notice should identify the copyrighted work claimed to have been infringed; the material to be removed and information reasonably sufficient to locate it; the complaining party’s name, address, telephone number, and email address; a statement that the complaining party has a good-faith belief that the use is not authorized; a statement, under penalty of perjury, that the information is accurate and that the complaining party is authorized to act; and the complaining party’s physical or electronic signature. We may terminate repeat infringers’ accounts. To submit a counter-notice, provide your physical or electronic signature; identify the material that was removed and the location where it appeared before removal; include a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; provide your name, address, telephone number, and email address; and include a statement that you consent to the jurisdiction of the federal district court in the district where your address is located, or where Company is located if you are outside the United States, and will accept service of process from the person who submitted the original notice or that person’s agent. If we receive a valid counter-notice, we may forward it to the complaining party and will restore the removed material within 10 to 14 business days unless the complaining party notifies us that it has filed an action seeking a court order to restrain the alleged infringement, in each case as provided by the DMCA.

Moderation and Enforcement

We may (but are not obligated to) monitor, screen, review, edit, remove, restrict, or refuse any User Content or accounts at any time to enforce these Terms, our Community Guidelines, or applicable law; to address safety, security, integrity, or legal risks; and to protect Users, partners, or the public. We may also disable or limit features, restrict visibility, or apply age-gating as appropriate.

Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, disclose, and protect personal information and the privacy rights available to you. Our Privacy Policy is incorporated by reference into these Terms.

Third-Party Services and Links

The Service may link to or integrate with third-party sites, content, ads, or services. Company does not control, endorse, or assume responsibility for third-party content or practices. Your use of third-party services is at your own risk and subject to their terms and policies.

App Stores and Devices

If you access the Service via Apple iOS or Google Android devices, you acknowledge and agree to additional terms required by the applicable app distributor, and that the distributor is not responsible for maintenance or support.

Intellectual Property of Company

The Service, including software, code, designs, look-and-feel, compilations, text, graphics, logos, and trademarks (collectively, “Company Content”), is owned by or licensed to Company and protected by intellectual property and other laws. Except as expressly permitted, you may not copy, modify, distribute, sell, or create derivative works from the Company Content.

Beta Features and Changes

We may add, modify, or discontinue features and may release features identified as beta, experimental, or limited-access. Such features are provided “as is,” may contain bugs, and may be discontinued at any time.

Termination and Account Deletion

You may stop using the Service at any time. We may suspend or terminate your access, or any part of it, at any time with or without notice if we believe you violated these Terms, pose a risk, or for operational, safety, or legal reasons. Upon termination, your access ends and the rights and licenses granted to you terminate, except for provisions that by their nature should survive, including payment obligations, the User Content license as to copies already shared or cached, disclaimers, limitation of liability, indemnification, dispute resolution, and General terms.

You may request deletion of your account by contacting support at support@smilebloom.ai or through another method we make available. At launch, account deletion requests are processed by SmileBloom staff.

Upon deletion, we will remove your User Content, profiles, messages, contacts, groups, child profiles, TV history, engagement data, journeys, support requests, and associated data in accordance with the Privacy Policy, subject to the retention and other exceptions described in these Terms and the Privacy Policy.

Certain information may survive deletion, including anonymized legal-acceptance records, billing and tax records, Stripe customer or subscription records maintained by Stripe, and information that Company is required or permitted to retain by law. Company may also retain information as reasonably necessary for security, fraud prevention, dispute resolution, enforcement of these Terms, or ordinary technical backups, as described in the Privacy Policy.

Disclaimers; No Warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. Without limiting the foregoing, Company is not liable for the accuracy, completeness, suitability, safety, or legality of AI-generated content; User Content posted by other Users; the acts, omissions, terms, processing, or outages of third-party AI providers or other third parties; or the loss, expiration, unauthorized use, or inability to use AI credits, top-up credits, Smile Points, or other virtual goods, except to the extent liability cannot lawfully be excluded. IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US (IF ANY) IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) \$100.

Indemnification

You agree to defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms or applicable law; (d) your infringement or misappropriation of third-party rights; (e) your use of AI tools or publication or distribution of AI-generated content, including deepfakes or infringing content; or (f) your voice cloning, biometric-data, likeness, or other identifying-material uploads, including claims by persons depicted, recorded, or identified in those materials.

Governing Law; Dispute Resolution and Arbitration

These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.

Except for disputes that may be brought in small claims court, any dispute exceeding the applicable small-claims jurisdiction arising out of or relating to these Terms or the Service must be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

Arbitration will proceed only on an individual basis. You and Company waive any right to participate in a class, collective, consolidated, or representative action or arbitration, and the arbitrator may award relief only to the individual party seeking relief.

You may opt out of the arbitration and class-action waiver provisions by sending Company written notice within 30 days after you first accept these Terms, by email to support@smilebloom.ai or by mail to SmileBloom AI LLC, Attn: Legal, 100 Illinois St. Suite 200, Saint Charles, IL 60174. The notice must identify you, include the email address associated with your account, and clearly state that you opt out of arbitration.

Either party may bring an eligible individual claim in small claims court. Either party may also seek temporary, preliminary, or permanent equitable relief in court to protect intellectual property or confidential information, and either party may seek enforcement of an arbitration award.

YOU AND COMPANY WAIVE ANY RIGHT TO A JURY TRIAL. Any court proceeding permitted by these Terms, including an action for equitable relief or to enforce an arbitration award, must be brought in the state or federal courts located in Wilmington, Delaware, and you and Company consent to that venue and jurisdiction.

Age-Related Disclosures

The Service is family-oriented and may be used by minors only as described in these Terms (Teen Accounts and child profiles). We comply with applicable youth-protection laws and obtain the consents those laws require. If you believe we have collected personal data from a child in violation of law, contact us at privacy@smilebloom.ai.

General

These Terms (including incorporated policies) constitute the entire agreement between you and Company and supersede any prior or contemporaneous agreements. If any provision is held invalid or unenforceable, it will be severed or limited to the minimum extent necessary, and the remaining provisions will remain in full force. Failure to enforce a provision is not a waiver. Neither party will be liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, internet or utility failures, or failures of third-party providers. Company may provide notices and other communications to you by email at the registered email address associated with your account, and you are responsible for keeping that address current. You consent to receive these Terms, policies, disclosures, notices, and other communications electronically, and agree that electronic records and communications satisfy any legal requirement that they be in writing. You may not assign these Terms without Company’s prior written consent. Company may assign these Terms to an affiliate or successor, or in connection with a merger, reorganization, financing, sale of assets, or similar transaction.

Last updated: September 16, 2026