Blooming Guardian — Terms of Service

2.1. “Appointment Services” means the discovery, scheduling, rescheduling, cancellation and payment facilitation features that allow a User to book a session with a Provider.

2.2. “Child” means an individual who has not completed eighteen (18) years of age.

2.3. “Emotion Analysis” means the automated processing of a Voice Input by Our software to generate probabilistic indicators relating to affective state, tone, arousal, or similar signals.

2.4. “Emotion Output” means the indicators, scores, summaries, trends or reports generated by the Emotion Analysis.

2.5. “Lawful Guardian” means a parent or a guardian who is recognised as such under applicable Indian law, including the Digital Personal Data Protection Act, 2023.

2.6. “Licensed Professional” means a Provider who holds a valid registration, licence or recognised qualification to practise a regulated discipline (for example a clinical psychologist registered with the Rehabilitation Council of India, a psychiatrist registered with a State Medical Council, or an equivalent).

2.7. “Platform” means the Blooming Guardian mobile application, website at https://bloominguardian.com, and any related software, APIs and services.

2.8. “Provider” means a Licensed Professional or a Wellness Practitioner listed on the Platform.

2.9. “Voice Input” means any audio recorded, uploaded, streamed or otherwise submitted to the Platform.

2.10. “Wellness Practitioner” means a Provider offering non-clinical services such as coaching, mentoring, active listening, mindfulness or general wellbeing support, who is not thereby providing regulated healthcare.

3.1. Adults. You may register an account for Your own use only if You have completed 18 years of age and are competent to contract under the Indian Contract Act, 1872.

3.2. Children. A Child may not register an account independently. An account relating to a Child may only be created and operated by that Child’s Lawful Guardian through a Guardian-managed profile.

3.3. Verifiable Consent. Before We process any personal data of a Child, We will obtain the verifiable consent of the Lawful Guardian in the manner required under Section 9 of the Digital Personal Data Protection Act, 2023 and the rules made thereunder. The notice required under Section 5 of the Digital Personal Data Protection Act, 2023 is made available in Our Privacy Policy. You agree to complete the identity and relationship verification steps which We reasonably require, and You represent and warrant that:

• You are the Lawful Guardian of the Child whose data You submit;
• The identity information You provide is true, and any document or credential You rely on is genuine and current; and
• You are authorised to consent on the Child’s behalf to the collection and processing described in the Privacy Policy.

3.4. No behavioural monitoring or targeted advertising. In compliance with Section 9(3) of the Digital Personal Data Protection Act, 2023, We do not undertake tracking, behavioural monitoring, or targeted advertising directed at Children. The Emotion Analysis is performed on individual voice inputs solely to generate a report for the Child’s self-awareness and consultation with a Provider, and is not used to track behavioural patterns over time, build behavioural or psychological profiles, predict future behaviour, or for any commercial purpose. The Platform must not be used by a Guardian as a covert surveillance tool. We shall bear no responsibility or liability for any such misuse on part of You.

3.5. Consent for Retention of AI-Generated Report. You hereby provide your consent to allow us to retain the AI-generated Emotion Output Reports of the Child as we are at the Proof of Concept (POC) phase.

3.6. Age-appropriate disclosure. Where the Child is of sufficient age and understanding, You agree to inform the Child, in terms they can understand, that their voice is being recorded and analysed, and to respect the Child’s reluctance or refusal.

3.7. Withdrawal of consent. A Lawful Guardian may withdraw consent at any time as described in the Privacy Policy. Withdrawal of consent will stop further processing but will not affect the lawfulness of processing already carried out. You agree and acknowledge that certain features require voice data processing and that withdrawal of consent shall result in unavailability of such features to You. Withdrawal of consent shall not entitle You to any refund of fees already paid.

3.8. Guardian responsibility. You are responsible for all activity under a Guardian-managed profile and for ensuring that any use of the Platform is in the best interests of the Child. We shall not be responsible for any psychological or emotional harm resulting from Childs’ use of Emotion Analysis feature.

4.1. You must provide accurate, current and complete information at registration and keep it updated.

4.2. You are responsible for maintaining the confidentiality of Your credentials and for all activity under Your account. You shall Notify Us immediately at info@bloominguardian.com of any unauthorised access.

4.3. We may refuse, suspend or cancel registration where information is false, where verification fails, or where use of the Platform breaches these Terms.

5.1. Voice-based Emotion Analysis. The Platform records or receives a Voice Input, extracts acoustic and, where enabled, linguistic features, and generates an Emotion Output. Outputs may be presented as scores, labels, trends over time, or narrative summaries.

5.2. Appointment Services. The Platform allows You to browse Providers, view availability, book a session, and pay applicable fees. The Sessions may be delivered in person, by video, or by voice, as specified in the listing.

5.3. Optional features. We may make available journals, exercises, reminders, progress reports, guardian dashboards, and exportable summaries. The Features may vary by plan, device and region.

5.4. Changes. We may add, modify, suspend or discontinue any feature at any time. Where a change materially reduces a paid feature to which You are subscribed to, We will give You a prior notice within reasonable period and, where required by law, a pro-rated refund.

6.1. Not a medical device and not a diagnosis. The Platform is a wellbeing and self-awareness tool. The Emotion Output is not a diagnosis, prognosis, screening result, or clinical assessment of any mental health condition, and must not be treated as one. Nothing on the Platform is medical advice.

6.2. Probabilistic and imperfect. Emotion Analysis is inherently probabilistic. Outputs are estimates, not facts about what a person feels. They may be wrong, and they may be wrong in ways that are not obvious.

6.3. Known sources of error. Accuracy may be materially affected by background noise, microphone and device quality, network conditions, accent, dialect, language, age, gender, speech or hearing impairment, neurodivergence, illness affecting the voice, medication, intoxication, cultural differences in emotional expression, deliberate masking, and acting or play. Performance on Children’s voices, which change with development, may differ from performance on adult voices.

6.4. No reliance for consequential decisions. You must not rely on the Emotion Output as the sole or primary basis for any decision with significant consequences for a person, including decisions about medical treatment, medication, schooling, custody, discipline, employment, or the restriction of a person’s liberty or autonomy.

6.5. No automated detrimental decisions by Us. We do not use the Emotion Output to make any decision that produces a legal or similarly significant detrimental effect on a User or a Child.

6.6. Not a monitoring or safety system. The Platform does not continuously monitor a person, does not detect self-harm, abuse, or danger, and will not alert You, Us, any Provider, or any authority if a person is at risk. Absence of an alert means nothing.

6.7. Consult a professional. Always seek the advice of a qualified health professional with any question regarding a mental or physical health condition. Never disregard professional advice, or delay seeking it, because of something You read on the Platform.

7.1. The Platform is not for emergencies. It is not monitored in real time and cannot summon help.

7.3. We may, but are under no obligation to, display crisis resources or contact information within the Platform. Nothing in these Terms creates a duty on Us to intervene, escalate, or notify any person or authority.

8.1. We are a facilitator. In respect of the Appointment Services, We act as mere facilitator and technology platform connecting Users with independent Providers. We are not a hospital, clinic, healthcare establishment, or provider of healthcare services, and We do not practise medicine, psychology, counselling, or any regulated profession.

8.2. No professional relationship with Us. Any professional relationship formed in a session is between You (or the Child) and the Provider. The Provider alone is responsible for the advice, care, treatment and services they deliver, for their professional judgement, and for their compliance with the standards, ethics and record-keeping obligations of their discipline.

8.3. Two categories of Provider. Each listing states whether the Provider is a Licensed Professional or a Wellness Practitioner.

8.4. Sessions with a Licensed Professional are professional services regulated by the relevant statutory body. Scope, fees and conduct are governed by the Provider’s own terms and professional obligations, in addition to these Terms.

8.5. Sessions with a Wellness Practitioner are non-clinical. They are not therapy, counselling, psychotherapy, psychiatry, or medical care, and must not be relied on as a substitute for them. A Wellness Practitioner cannot diagnose, cannot prescribe, and cannot treat any condition.

8.6. Verification. We carry out reasonable verification of the credentials Providers submit at onboarding. We do not, however, warrant the accuracy, currency or continued validity of any credential, qualification, registration, or claim made by a Provider, nor the quality, safety, suitability or outcome of any session. You should satisfy Yourself as to a Provider’s suitability before booking.

8.7. Bookings for a Child. A session for a Child may only be booked by the Lawful Guardian. Whether the Guardian may attend or receive a record of the session is determined by the Provider in accordance with their professional obligations and the best interests of the Child, and is not within Our control.

8.8. Cancellation and no-show. Cancellation windows, rescheduling rules and no-show charges are shown at the time of booking and form part of these Terms for that booking.

8.9. Disputes with Providers. Any dispute regarding a session is between You and the Provider. We will provide reasonable assistance and may, at Our discretion, mediate the dispute, but We are not a party to that dispute, and any dispute with a Provider shall not be a ground for refund.

9.1. You agree that You will not:

• record, upload or submit the voice of any person without that person’s knowledge and consent, or (in the case of a Child) without being their Lawful Guardian;
• use the Platform to surveil, coerce, control, harass, profile, discriminate against, or make employment, insurance, credit, tenancy, educational or law-enforcement decisions about any person;
• represent an Emotion Output as a diagnosis or as evidence of any person’s mental state to any third party, including in legal, custodial, disciplinary or administrative proceedings;
• upload unlawful, defamatory, obscene, infringing or harmful content, or content prohibited by Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021;
• reverse engineer, decompile, scrape, or attempt to extract the models, weights, source code or training data of the Platform;
• introduce malware, attempt unauthorised access, circumvent rate limits, or interfere with the integrity or performance of the Platform;
• use the Platform or its outputs to train, fine-tune or benchmark a competing product; or
• impersonate any person, or misrepresent Your relationship to a Child.

9.2. Third-party voices. Where a Voice Input contains the voice of a person other than You or a Child in Your care, You warrant that You have obtained that person’s informed consent. You will indemnify Us in respect of any claim arising from a breach of this warranty.

9.3. Honest use. You accept that honest use is essential to The Platform’s proper functioning and that concealing information from, or attempting to manipulate, the Emotion Analysis will degrade its usefulness.

10.1. By submitting a Voice Input You consent to its collection, storage and processing as described in the Privacy Policy, including the generation of derived acoustic features and Emotion Outputs.

10.2. We do not use Voice Inputs to train or improve Our models unless You (or, for a Child, the Lawful Guardian) give separate, specific, opt-in consent. That consent can be withdrawn at any time from Your privacy settings.

10.3. We will not sell Voice Inputs or Emotion Outputs, and will not disclose them for advertising purposes.

11.1. Some features are free while others require a one-time fee or a subscription. All fees are stated in Indian Rupees and are exclusive of applicable taxes unless stated otherwise.

11.2. Payments are processed by third-party payment gateways. We do not store complete card details. Your use of a gateway is subject to its own terms.

11.3. Subscriptions renew automatically for successive periods unless cancelled before the end of the then-current period. You may cancel at any time from Your account settings and such cancellation takes effect at the end of the current billing period.

11.4. We may revise fees on Seven (7) Days’ prior notice. Revised fees apply from the next billing period.

12.1. The Platform, including its software, models, interfaces, content, trademarks and the name “Blooming Guardian”, is owned by Us or Our licensors and is protected by applicable intellectual property law. We grant You a limited, personal, non-exclusive, non-transferable, revocable licence to use the Platform for its intended purpose.

12.2. Your content. You retain ownership of Your Voice Inputs and other content You submit. You grant Us a worldwide, royalty-free licence to host, store, reproduce and process that content solely to operate and provide the Platform to You, and for the purposes set out in the Privacy Policy. This licence ends when the content is deleted, except for copies retained where the law requires.

12.3. Emotion Outputs. The Emotion Outputs generated by the Platform is provided to You solely for Your personal and non-commercial use in connection with consultation with a Provider. Once the report has been generated and made available to You, You are solely responsible for its use, storage, and disclosure, and We shall bear no responsibility or liability for any use of the report that diverges from its intended purpose. You agree not to use the report for any commercial purpose or in any manner inconsistent with these Terms.

12.4. Feedback. If You send Us any suggestions, ideas or feedback, We may use, modify, and incorporate such Feedback for any purpose, without any obligation, attribution, or compensation to You.

13.1. We treat Voice Inputs, Emotion Outputs and session-related information as confidential and will handle them in accordance with the Privacy Policy and applicable law.

13.2. Confidentiality does not apply to information that is public, independently known, or required to be disclosed under law or by a court, tribunal or competent authority.

14.1. You may stop using the Platform and delete Your account at any time from Your account settings, or by writing to info@bloominguardian.com.

14.2. We may suspend or terminate Your access, with notice where practicable, if You breach these Terms, if We are required to do so by law, if continued access poses a risk to another User or to the Platform, or in the event of non-payment of applicable fees. In case of non-payment, You shall be provided a period of One (1) Month from the date on which the applicable fee becomes due, together with reminder(s) to make such payment. If the outstanding amount remains unpaid upon expiry of such period, We may suspend or terminate Your access to the Platform.

14.3. On Termination, Your licence ends and Your personal data will be handled as described in the Privacy Policy. The following Clauses survive the Termination: Clauses 6, 9.2, 12, 13, 15, 16, 17, 19 and 20.

15.1. To the maximum extent permitted by law, the Platform is provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

15.2. We do not warrant that the Platform will be uninterrupted, secure, error-free, or that Emotion Outputs will be accurate, complete, reliable, or suitable for any purpose.

15.3. We make no warranty regarding any Provider, their credentials, their availability, or the outcome of any session.

16.1. To the maximum extent permitted by law, We will not be liable for any indirect, incidental, special, consequential, punitive or exemplary loss, or for loss of profits, goodwill, data or anticipated savings, however arising.

16.2. We will not be liable for any harm arising from: (a) reliance on an Emotion Output; (b) the acts, omissions, advice, negligence or misconduct of a Provider; (c) failure of the Platform to detect or alert You to any risk; (d) a delay, cancellation or failure of an appointment; or (e) any unauthorised access resulting from Your failure to safeguard Your credentials.

16.3. Our aggregate liability arising out of or in connection with these Terms will not exceed the greater of (a) the total fees You paid to Us in the One (1) Month immediately preceding the event giving rise to the claim.

16.4. These limitations apply even if a remedy fails of its essential purpose, and reflects a reasonable allocation of risk given the nature and price of the Platform.

19.1. In accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the details of Our Grievance Officer are:

19.2. We will acknowledge a complaint within twenty-four (24) hours of receipt and resolve it within Fifteen (15) Days, or such shorter period as the law prescribes for particular categories of complaint.

19.3. Complaints relating to personal data should be made to the Grievance Officer in the first instance. If You are not satisfied with the outcome, or receive no response within the prescribed period, You may approach the Data Protection Board of India in the manner prescribed under the Digital Personal Data Protection Act, 2023.

20.1. These Terms are governed by the laws of India.

20.2. Subject to Clause 20.3, the courts at New Delhi, India, will have exclusive jurisdiction.

20.3. Dispute resolution. The parties will first attempt to resolve any dispute amicably within Thirty (30) Days of written notice. Failing that, the dispute will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration will be New Delhi, India, and the language will be English.

21.1. We may amend these Terms. We will post the revised Terms with a new “Last updated” date and, where the change is material, We will give You notice by email or in-app at least Seven (7) Days before it takes effect.

21.2. Your Continued use of the Platform after the effective date constitutes acceptance of that change. If You do not accept a change, You must stop using the Platform and may cancel any subscription for a pro-rated refund of the unused period.

22.1. Force majeure. We are not liable for any failure or delay caused by an event beyond Our reasonable control.

22.2. Severability. If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force.

22.3. No waiver. A failure to enforce any provision is not a waiver of it.

22.4. Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition or transfer of assets, on notice to You.

22.5. Entire agreement. These Terms and the Privacy Policy are the entire agreement between the parties in relation to the Platform.

22.6. Notices. Notices to Us must be sent to info@bloominguardian.com. Notices to You will be sent to the email address on Your account.

22.7. Language. These Terms are drafted in English. Any translation is for convenience; the English version prevails.