Welcome, and thank you for your interest in Blossom FI and its subsidiaries ("Blossom," "we," or "us") and our website at blossom.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and Blossom regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING "I ACCEPT," OR BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BLOSSOM'S PRIVACY POLICY (TOGETHER, THESE "TERMS").

If you are not eligible or do not agree to the Terms, then you do not have our permission to use the Service.

YOUR USE OF THE SERVICE AND BLOSSOM'S PROVISION OF THE SERVICE TO YOU CONSTITUTES AN AGREEMENT BY BLOSSOM AND BY YOU TO BE BOUND BY THESE TERMS.

Arbitration NOTICE. Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BLOSSOM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17.)

1. Blossom Service Overview

Blossom provides a platform for patients seeking to finance healthcare services and for healthcare providers offering patient financing. We connect patients with financing options tailored to their financial situation and enable providers to offer flexible payment plans to their patients. Blossom is a financial technology provider, not a bank or lender; financing is provided through our lending partners.

2. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration

3.1 Account Creation

To use certain features of the Service, you may need to register and create an account ("Account"). You confirm that all information submitted by you about you and/or your business is valid at the time of entering into these Terms. You must keep the information that you provide up-to-date. We reserve the right to suspend or terminate the Service for anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with account registration requirements.

3.2 Collecting Information About You

Federal law requires Blossom to obtain, verify, and record information that identifies each person who opens an account. By using Blossom's Service, you authorize Blossom, directly or through third parties, to make any inquiries we consider necessary to validate your identity and to collect information about you in accordance with the Customer Identification Program (CIP) rules implementing Section 326 of the USA PATRIOT Act and our Privacy Policy. This may include asking you for further information that will allow us to reasonably identify you, such as verifying your address, date of birth, and Social Security number. Blossom will verify your information against third-party databases or through other sources. You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Blossom FI or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. We may also ask you for identifying documents to help us validate your identity. Blossom reserves the right to close, suspend, or limit access to your account in the event we are unable to obtain or verify this information.

3.3 SMS Notifications

By submitting your phone number, you consent to receiving SMS text messages from Blossom. The purposes of these messages include reminders, transactional information, and service-related communications at the phone number provided. Message and data rates may apply. Message frequency varies. If you would like to stop receiving text messages from Blossom, please reply "STOP" to any message from Blossom or contact us. If you would like customer care, reply "HELP" to any message. Carriers are not liable for delayed or undelivered messages. Replying "STOP" is a blanket opt-out from all SMS communications from Blossom, including transactional information. This may impede your ability to make use of Blossom products or services. Blossom is unable to resubscribe customers to SMS messages once they have opted out. If you would like to receive SMS messages from Blossom after unsubscribing, you must reply to the most recent SMS message from Blossom with either START or UNSTOP.

3.4 Provider Accounts

If you are a healthcare provider, you must provide a reasonably descriptive identification name that clearly identifies you or your business and your correct contact information. This information may appear on patient statements or communications.

3.5 Verification and Credit Checks

When you have registered and accepted these Terms, we may perform a soft credit check (which will not affect your credit) on you and may require you to supply additional documentation in order for us to carry out necessary checks in accordance with applicable anti-money laundering and anti-terrorism financing laws and regulations. We shall obtain such credit information and make such additional checks and you shall assist us in that regard to the extent necessary.

3.6 Verification Decision

The decision whether your identity has been properly verified will be entirely at our discretion. Until you have been successfully identified and verified by us, these Terms constitute a preliminary agreement that binds you fully and we reserve the right to terminate or not to start to provide any Service under these Terms at any time during this period.

3.7 Provider Funds

For provider accounts, we will hold amounts owed to you separated from our own funds, but together with amounts held on behalf of other accounts, in a segregated bank account. Funds owed to you will be paid out to a valid bank account designated by you in your Account.

3.8 Inactive Accounts

If there is no activity in your Blossom Account for two (2) years consecutively, we will be entitled to send a notification to your registered email address. If you do not respond to our notice within thirty (30) days and state that you want to keep your Account, we reserve the right to automatically close your Account. Your funds will be handled according to applicable law.

3.9 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to accept responsibility for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized access to your account.

3.10 Minors and Authorized Users

The Service is not intended for individuals under 18 years of age. If you are a parent or guardian and believe your minor child has provided us with personal information, please contact us so we may delete it. For financing applications involving minors (e.g., for dependent care), the applicant must be a parent, guardian, or other authorized adult. If you authorize another person to use your account or act on your behalf, you remain fully responsible for their actions and for all obligations under these Terms.

3.11 One Account

You may open only one (1) Account per person or entity, unless we explicitly approve the opening of additional accounts or sub-accounts. You must ensure that the information recorded on your Account is always accurate and up to date.

4. Licenses

4.1 Limited License

Subject to your complete and ongoing compliance with these Terms, Blossom grants you, solely for your personal or internal business use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

4.2 License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

4.3 Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant Blossom an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

4.4 Reservation of Rights

Blossom reserves all rights not expressly granted to you in these Terms. No license or right is granted to you by implication, estoppel, or otherwise. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

4.5 API and Integration Use

If Blossom provides application programming interfaces (APIs), software development kits (SDKs), or other integration tools, your use of them is subject to these Terms and any additional API or integration terms we provide. You may not use APIs or integration tools to build a competing product, scrape data beyond what is necessary for your authorized use, or exceed rate limits or usage quotas we establish.

5. Ownership; Proprietary Rights

The Service is owned and operated by Blossom. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by Blossom are protected by intellectual property and other laws. All Materials included in the Service are the property of Blossom or its third-party licensors. Except as expressly authorized by Blossom, you may not make use of the Materials. Blossom reserves all rights to the Materials not granted expressly in these Terms.

The Blossom name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Blossom or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

6. Third Party Terms

6.1 Third Party Services and Linked Websites

Blossom may provide tools through the Service that enable you to export information to third-party services. By using one of these tools, you agree that Blossom may transfer that information to the applicable third-party service. Third-party services are not under Blossom's control, and, to the fullest extent permitted by law, Blossom is not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Blossom's control, and Blossom is not responsible for their content.

6.2 Third Party Software

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third Party Components under those third-party licenses.

6.3 No Endorsement

Blossom does not endorse, guarantee, or assume responsibility for any product, service, or content offered by third parties through the Service or through any linked website. Your dealings with third parties, including healthcare providers, lending partners, or other users, are solely between you and such third parties. Blossom is not responsible for any loss or damage of any sort incurred as the result of any such dealings.

7. User Content

7.1 User Content Generally

Certain features of the Service may permit users to upload content to the Service, including messages, data, text, and other types of works ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

7.2 Limited License Grant to Blossom

By providing User Content to or via the Service, you grant Blossom a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, solely in connection with providing and improving the Service.

7.3 User Content Representations and Warranties

Blossom disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Blossom and users of the Service to use and distribute your User Content as necessary; (b) your User Content does not and will not infringe, violate, or misappropriate any third-party right, including any intellectual property or proprietary right, or cause Blossom to violate any law or regulation; and (c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, harassing, threatening, or otherwise inappropriate.

7.4 User Content Disclaimer

Blossom may at any time and without prior notice screen or remove any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate or objectionable. You agree to waive any legal or equitable right or remedy you have or may have against Blossom with respect to User Content.

7.5 Use of Your Name and Testimonials

By participating in or providing reviews, case studies, or comments about Blossom or the Service, you grant Blossom and its agents the perpetual right to use your name, statements about Blossom, biographical information, business name and information, and likeness in any medium for advertising, media, public relations, and other commercial purposes.

8. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

• use the Service for any illegal purpose or in violation of any local, state, national, or international law, including but not limited to laws governing healthcare, consumer protection, privacy, and financial services;
• violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, privacy right, or other proprietary right;
• interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit use or copying of any content, or by reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of any portion of the Service except to the extent expressly permitted by applicable law;
• interfere with the operation of the Service or any user's enjoyment of the Service, including by uploading or disseminating any virus, adware, spyware, worm, or other malicious code; making unsolicited offers or advertisements; collecting personal information about another user without consent; or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, falsifying your age or date of birth, or providing false or misleading information in connection with a financing application;
• sell, resell, or commercially exploit the Service or any Materials, or transfer the access granted under these Terms or any right or ability to view, access, or use any Materials;
• use the Service to harass, abuse, threaten, or harm another person, or to promote discrimination, bigotry, racism, hatred, or harm against any group or individual;
• use automated means (including bots, scrapers, or crawlers) to access the Service or collect data from the Service without our prior written permission, except for standard search engine indexing;
• frame or mirror any part of the Service without our prior written consent;
• use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use of the Service; or
• attempt to do any of the acts described in this Section 8 or assist or permit any person in engaging in any of the acts described in this Section 8.

9. Blossom Exclusions and Limitations

9.1 Prohibited Services

By registering with Blossom, you are confirming that your practice does not currently and will not in the future offer or provide the following (each, a "Prohibited Service") for financing through Blossom:

• Abortion
• Cannabis or medical marijuana (consultations, prescriptions, or related products)
• CBD consumables (e.g., edibles, tinctures) outside of FDA-approved uses
• Schedule I controlled substances
• Opioids, outside of FDA-approved uses at the practice location (e.g., acute pain, post-surgery, post-dental procedure)
• Ketamine, outside of FDA-approved anesthetic uses for surgery or dental procedure
• Gender-affirming surgery
• Liquid lipolysis except FDA-approved brands
• Other services as Blossom may designate from time to time

Practices offering any Prohibited Service are excluded from using Blossom to finance that product or service. Blossom reserves the right to amend the list of Prohibited Services at any time. If you are uncertain whether a specific service is a Prohibited Service, please contact us.

9.2 Excluded Services (Veterinary)

For veterinary practices, the following are prohibited from Blossom financing (each, an "Excluded Service"):

• Pet declawing
• Pet tail cropping
• Pet ear docking
• Pet breeding
• Animal sales

9.3 Provider Representations and Warranties

If you are a healthcare provider, you represent and warrant that: (a) you hold all necessary licenses, permits, and authorizations required to provide the healthcare services you offer in the jurisdictions where you operate; (b) you are in good standing with all applicable regulatory bodies; (c) you will comply with all applicable healthcare laws and regulations, including HIPAA where applicable; (d) you will not use Blossom to finance any Prohibited Service or Excluded Service; and (e) the information you provide about your practice, services, and transactions is accurate and complete. Breach of these representations may result in immediate termination of your account and forfeiture of any amounts owed to you.

9.4 Regulatory Compliance

Providers must comply with all federal, state, and local laws applicable to their practice, including but not limited to licensing requirements, scope-of-practice rules, informed consent, and patient privacy. Blossom may require documentation of your credentials and compliance. We reserve the right to suspend or terminate provider accounts that fail to meet regulatory requirements or that pose a risk to patients or Blossom.

10. Financing Terms (Patients)

The following terms apply to patients who obtain financing through Blossom. Additional terms may be set forth in your financing agreement or loan documents provided by our lending partners.

10.1 Application and Approval

Submitting a financing application does not guarantee approval. Approval decisions are made by our lending partners based on creditworthiness and other factors. We may perform a soft credit inquiry (which does not affect your credit score) or a hard credit inquiry (which may affect your credit score) as part of the application process. You authorize us and our lending partners to obtain credit reports and other consumer reports in connection with your application and account.

10.2 Financing Agreement

If approved, you will enter into a financing agreement with our lending partner. The agreement will specify the loan amount, APR, payment schedule, fees, and other terms. You are responsible for reading and understanding the financing agreement before accepting it. Blossom facilitates the connection between you and the lender but is not a party to the financing agreement.

10.3 Payments, Late Fees, and Default

You must make payments according to the schedule in your financing agreement. Late or missed payments may result in late fees, increased interest, and negative credit reporting. If you default on your obligations, the lender may accelerate the loan, refer the account to collections, and pursue legal remedies. You are responsible for all costs of collection, including reasonable attorneys' fees, to the extent permitted by law.

10.4 Credit Reporting

Account activity, including payment history, may be reported to one or more credit bureaus. Late payments, missed payments, and defaults may negatively impact your credit score. You authorize us and our lending partners to report and obtain information from credit bureaus in connection with your account.

10.5 Collections

If your account is referred to a collection agency, you may be contacted by the agency or its representatives. You remain obligated to pay the full amount owed. Collection activity may be reported to credit bureaus and may result in legal action.

10.6 Disputes with Healthcare Providers

Your financing obligation to the lender is separate from any dispute you may have with the healthcare provider regarding the services rendered. If you have a dispute about the quality or delivery of healthcare services, you should address it directly with the provider. In most cases, your obligation to make payments under the financing agreement continues regardless of any provider dispute. Consult your financing agreement for specific terms regarding disputes.

11. Provider Fees and Chargebacks

If you are a healthcare provider, you may be subject to fees for use of the Service, including transaction fees, processing fees, or monthly fees as disclosed in your provider agreement. We reserve the right to charge back or reverse payments to you in the event of: (a) patient disputes or chargebacks initiated by the patient or their bank; (b) fraud or unauthorized transactions; (c) refunds or cancellations; (d) violations of these Terms; or (e) other circumstances as set forth in your provider agreement. You are responsible for any chargebacks, reversals, or fees resulting from such events. We may offset amounts owed to you against amounts you owe to us.

12. Modification of These Terms

We reserve the right to change these Terms on a going-forward basis at any time upon 7 days' notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will take reasonable steps to notify you of the modified Terms. Material modifications are effective upon notice of the modified Terms. Immaterial modifications are effective upon publication. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

13. Term, Termination, and Modification of the Service

13.1 Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2.

13.2 Termination

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Blossom may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting us.

13.3 Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Blossom any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and the provisions that by their nature should survive (including Sections 4.3, 5, 12, 13, 14, 15, 16, and 17) will survive.

13.4 Modification of the Service

Blossom reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features), temporarily or permanently, without notice to you. Blossom will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

13.5 Data Upon Termination

Upon termination, you may request a copy of your data in a portable format within 30 days. After that period, we may delete or anonymize your data in accordance with our data retention practices. We are not obligated to retain your data after termination.

14. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Blossom and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the "Blossom Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; or (e) for providers, any claim arising from the healthcare services you provide or your failure to comply with applicable healthcare laws. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of those claims.

15. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. BLOSSOM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BLOSSOM DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR BLOSSOM ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE BLOSSOM ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK. BLOSSOM DOES NOT PROVIDE MEDICAL, LEGAL, OR FINANCIAL ADVICE. ANY INFORMATION PROVIDED THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BLOSSOM ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.

EXCEPT AS PROVIDED IN SECTION 17.4 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BLOSSOM ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BLOSSOM FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17. Dispute Resolution and Arbitration

17.1 Generally

In the interest of resolving disputes between you and Blossom in the most expedient and cost-effective manner, and except as described in Section 17.2, you and Blossom agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BLOSSOM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.2 Exceptions

Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.

17.3 Arbitrator

Any arbitration between you and Blossom will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Blossom. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

17.4 Notice of Arbitration; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Blossom's address for Notice may be obtained by contacting us. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement within 30 days after the Notice of Arbitration is received, you or Blossom may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed in writing. If the arbitrator awards you an amount higher than the last written settlement amount offered by Blossom in settlement of the dispute prior to the award, Blossom will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.

17.5 Fees

If you commence arbitration in accordance with these Terms, Blossom will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, the payment of all fees will be governed by the AAA Rules and you may be required to reimburse Blossom for fees we have paid.

17.6 No Class Actions

YOU AND BLOSSOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Blossom agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

17.7 Modifications to This Arbitration Provision

If Blossom makes any future change to this arbitration provision, other than a change to Blossom's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Blossom's address for Notice of Arbitration, in which case your account with Blossom will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

17.8 Enforceability

If Section 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 18.2 will govern any action arising out of or related to these Terms.

18. Miscellaneous

18.1 General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Blossom regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time, nor will a waiver of any breach or default be a waiver of any subsequent breach or default or of the provision itself. Use of section headers in these Terms is for convenience only and will not affect the interpretation of any provision. Throughout these Terms, the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

18.2 Governing Law

These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Blossom submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.

18.3 Force Majeure

Blossom will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. If a force majeure event continues for more than 30 days, either party may terminate these Terms upon written notice.

18.4 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms, and these Terms will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

18.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms. Our lending partners, healthcare providers, and other third parties are not intended beneficiaries of these Terms.

18.6 Relationship of Parties

You and Blossom are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Blossom. You have no authority to bind Blossom or incur any obligation on its behalf.

18.7 Disputes Between Users

Blossom is not responsible for disputes between users of the Service, including disputes between patients and healthcare providers regarding the quality, delivery, or payment for healthcare services. Such disputes must be resolved directly between the parties. Blossom may, in its sole discretion, attempt to facilitate resolution but has no obligation to do so.

18.8 Export Compliance

You may not use, export, re-export, import, or transfer the Service or any Materials except as authorized by United States law and the laws of the jurisdiction in which the Service or Materials were obtained. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

18.9 U.S. Government Use

If you are a U.S. government entity or the Service is being used on behalf of the U.S. government, the Service is a " commercial item" as defined in 48 C.F.R. § 2.101. Government users acquire the Service with only those rights set forth in these Terms.

18.10 Privacy Policy

Please read the Blossom Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Blossom Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

18.11 Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

18.12 Consent to Electronic Communications

By using the Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

18.13 Electronic Funds Transfer Disclosure (Patients)

If you are a patient with a Blossom financing account, you authorize Blossom FI ("Blossom") to make electronic charges from the credit card, debit card, or bank account you have provided for your scheduled payments. You understand that these charges or debits will occur on the designated periodic payment dates in the amount of your scheduled payment, including any applicable fees. You understand that if you miss any payment(s), subsequent charges or debits may incorporate the amount of the missed payment(s), in addition to the regularly scheduled payment amount then due. If the payment dates fall on a weekend or holiday, payments may be executed on the next business day. For debits to your checking or savings account, you understand that because these are electronic transactions, funds may be withdrawn from your account as soon as the above-noted periodic transaction dates. You also authorize Blossom to make electronic reversals or credits to your account in the event of an erroneous charge or debit.

Your authorization continues until your financing is paid in full or until you revoke your authorization by contacting us. You are responsible for fees resulting from unsuccessful payment attempts. You certify that you are an authorized user of the credit card, debit card, or account and will not dispute the scheduled transactions with your bank or card company so long as the transactions correspond to the terms agreed to.

18.14 Contact Information

The Service is offered by Blossom FI. You may contact us by visiting our contact page.

18.15 Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

18.16 International Use

The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

18.17 Accessibility

Blossom is committed to ensuring digital accessibility. We strive to conform to applicable accessibility standards and to make the Service usable by people with disabilities. If you encounter accessibility barriers or have suggestions for improvement, please contact us.

18.18 No Support Obligation

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies. We do not guarantee response times or availability of support.