Terms of Use
Last updated: October 1, 2026
These Terms of Use (“Terms”) are a binding agreement between you and Aleksei Smolygin, an individual developer doing business as Floom (“Floom”, “we”, “us” or “our”). They govern your use of the Floom mobile application (the “App”), this website and the related services (together, the “Service”).
By downloading, installing, accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
These Terms are the end user license agreement for the App. They replace Apple’s standard Licensed Application End User License Agreement, which previously applied to Floom.
Please read Section 18 (Dispute Resolution) carefully. Unless you opt out, it requires you to resolve most disputes with us through individual binding arbitration, and it waives your right to a jury trial and to take part in a class action.
1. Eligibility
You must be at least 18 years old to create an account or use the Service. By using the Service, you confirm that you are 18 or older, that you can form a binding contract with us, and that you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction.
If we learn that a user is under 18, we will close the account and delete the associated data as described in our Privacy Policy.
2. Your Account
- You sign in to Floom with Sign in with Apple. You may keep only one account, and you may not share your account or use anyone else’s.
- You are responsible for keeping your Apple ID secure and for all activity under your account. Tell us right away at capsmol@gmail.com if you believe your account has been used without your permission.
- The information you give us, including your name and birthday, must be accurate.
- You can delete your account at any time in the App’s settings. Deletion is permanent and cannot be undone. See Section 3 for how it affects your Partner.
3. Partners and Shared Content
Pairing. Floom is made for two. Most features work only after you connect your account with another Floom user (your “Partner”) using an invite code or link. You can be connected to one Partner at a time. Both of you must agree to connect, and you may not pair with anyone without their knowledge and consent. If you believe someone has paired with you without your consent, unpair right away and contact us.
What your Partner sees. While you are paired, your Partner can see the content and information you share through the Service (“Shared Content”). This includes:
- your profile name, avatar and birthday
- your answers to quizzes and daily questions, and your shared results
- custom quizzes you create, including their photos
- drawings, notes, photo statuses and captions you add to shared widgets
- your anniversary and countdowns
- your location, if you turn on the distance widget
Our Privacy Policy describes this in more detail.
Your Partner can keep what you share. Your Partner can view, screenshot and save your Shared Content, and we cannot control what they do with it. Share only what you are comfortable sharing.
Location. The distance widget shares your location with your Partner while the App is open. You must not use it, or try to use it, to track or monitor anyone without their consent.
Unpairing. Either of you can unpair at any time in the App, without the other’s consent. When you unpair, you stop seeing each other’s new activity, and the location, photo status and countdown data of that connection is deleted. We cannot guarantee that Shared Content can be restored if you pair again.
Account deletion. If you or your Partner deletes their account, the content you created together as a couple is permanently deleted for both of you. This includes shared quiz results, widgets, drawings, notes and countdowns. Neither of you needs the other’s permission to delete your own account.
4. Content and Mature Themes
Floom’s quizzes and questions are designed for fun and conversation. Some of them, including the Intimacy category, deal with sex, intimacy and other adult themes. You can hide this content at any time with the “Hide 18+ content” setting in the App.
Floom is for entertainment only. It is not therapy, counseling, or medical, psychological, legal or other professional advice, and it is not a substitute for any of these. Quiz results, match rates and statistics are for fun and are not an assessment of you, your Partner or your relationship. We do not promise that using Floom will improve your relationship or lead to any particular outcome.
If you or someone you know is in danger or experiencing abuse, contact your local emergency services.
5. Your Content
You own your content. You keep all rights to the content you create or upload in the Service, such as custom quizzes, photos, drawings, notes, captions and answers (“Your Content”).
License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display Your Content. We may also adapt it as technically needed, for example by resizing photos. We use this license only to operate, provide and secure the Service, including showing Your Content to your Partner. The license ends when Your Content is deleted from our systems, except for copies kept in backups as described in our Privacy Policy or as required by law.
Your responsibilities. You are solely responsible for Your Content. You confirm that:
- you own Your Content or have the rights needed to share it
- anyone who appears in your photos has agreed to them being shared
- Your Content does not break these Terms or the law
Moderation. We do not review Your Content before it is shared, and we have no obligation to monitor it. However, we may remove or restrict content, or suspend accounts, if we reasonably believe that content breaks these Terms or the law, or puts someone at risk.
6. Acceptable Use
You agree not to:
- Harass, threaten, stalk, intimidate, abuse or defame anyone, including your Partner
- Use the Service, including the distance widget, to track, monitor or control another person without their consent
- Upload or share content that is illegal, sexual content involving anyone under 18, or intimate images of anyone without their consent
- Upload content that infringes anyone’s intellectual property, privacy or publicity rights
- Impersonate any person, or misrepresent your age or identity
- Copy, modify, distribute, sell, rent or sublicense the App or any part of it, or create derivative works of it
- Reverse engineer, decompile, disassemble or try to derive the source code of the App, except where this restriction is prohibited by law or by the license of an open source component
- Scrape, crawl or otherwise extract content or data from the Service by automated means
- Circumvent paywalls, usage limits, security or access controls, or exploit bugs to unlock paid features
- Interfere with or disrupt the Service, its servers or networks, or upload viruses or other malicious code
- Use the Service for any commercial purpose or for anything prohibited by law
7. Floom Pro Subscription
Free and paid features. Floom includes a free plan. Some features, such as the full quiz library and unlimited custom quizzes, require a paid subscription (“Floom Pro”). The features in each plan may change over time.
Plans and billing. Floom Pro is an auto-renewing subscription with monthly and annual plans. The price and billing period of each plan are shown in the App before you buy. Payment is charged to your Apple ID account when you confirm the purchase. Whether taxes are included depends on your country and is shown by Apple.
Automatic renewal. Your subscription renews automatically for the same period at the then-current price unless you cancel it at least 24 hours before the end of the current period. Your Apple ID account is charged for the renewal within the 24 hours before the current period ends.
Free trials. We may offer a free trial or an introductory price. Unless you cancel at least 24 hours before the trial ends, it converts into a paid subscription at the price shown when you started the trial. Any unused part of a free trial is forfeited when you buy a subscription. Unless we say otherwise, each user can get a trial only once.
Managing and cancelling. You can manage or cancel your subscription at any time in your Apple ID account settings. Cancelling stops future renewals, and you keep access to Floom Pro until the end of the period you have already paid for. Deleting the App or your Floom account does not cancel your subscription.
Price changes. We may change subscription prices. Apple will notify you of any price increase and, where required, ask for your consent before it applies.
Refunds. Purchases are processed by Apple, and refunds are handled by Apple under its policies. You can request a refund at reportaproblem.apple.com. We cannot issue refunds for App Store purchases ourselves. Nothing in these Terms limits any refund or cancellation rights you have under applicable law.
Sharing with your Partner. When either of you has Floom Pro, both of you get Floom Pro features while you are paired. Your Partner loses this access if you unpair or the subscription ends.
Promotions. We may run promotions, such as unlocking a quiz by sharing it to Instagram Stories. Promotions follow the conditions shown in the App and may change or end at any time.
8. License and Intellectual Property
Our license to you. The App is licensed, not sold, to you. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the App for your personal, non-commercial use. You may use it on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. These Terms also govern any content, materials or services you access or buy in the App, and any updates that replace or supplement it.
Our rights. Floom and its licensors own all rights in the Service, including the App, the quiz library and questions, designs, graphics, and the Floom name and logo. Except for the license above, these Terms do not give you any rights to them.
Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.
9. Third-Party Services
The Service works with services operated by third parties (“Third-Party Services”). These include Apple (sign-in, payments and notifications), Instagram (sharing) and the service providers listed in our Privacy Policy.
- Third-Party Services have their own terms and privacy policies, and you use them at your own risk.
- We are not responsible for Third-Party Services, their content or their availability.
- We may change, suspend or stop using any Third-Party Service at any time.
10. Privacy and Data
Our Privacy Policy explains how we collect, use and share your personal data. This includes technical data about your device that we use to provide updates, support and other services. By using the Service, you acknowledge that we process your data as described there.
11. Changes to the Service and These Terms
We keep improving Floom and may add, change, suspend or remove features or content at any time.
We may update these Terms from time to time. We will post the updated Terms on this page and update the “Last updated” date. For material changes, we will tell you in advance through the App or by email.
The updated Terms take effect when posted. Material changes take effect on the date stated in the notice. If you keep using the Service after that, you accept the updated Terms. If you do not agree, stop using the Service and delete your account.
12. Termination
These Terms apply until you or we terminate them. You can stop using the Service and delete your account at any time.
We may suspend or terminate your access to the Service, with or without notice, if:
- you break these Terms
- we are required to by law
- your use creates risk or possible legal exposure for us, your Partner or others
Your rights under these Terms end automatically if you fail to comply with them.
Sections 4, 5, 8 (other than the license to you) and 13 to 20 survive termination.
13. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. FLOOM DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY. THIS INCLUDES THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT YOUR CONTENT WILL NOT BE LOST. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLOOM CREATES A WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FLOOM BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER. THIS INCLUDES DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR CONTENT, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. THIS LIMITATION APPLIES TO DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, OR TO THE CONDUCT OR CONTENT OF YOUR PARTNER OR ANY OTHER USER. IT APPLIES HOWEVER THE DAMAGES ARE CAUSED, UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), AND EVEN IF FLOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL FLOOM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR FLOOM PRO IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (B) FIFTY U.S. DOLLARS ($50.00). THIS CAP DOES NOT APPLY WHERE APPLICABLE LAW REQUIRES OTHERWISE IN CASES INVOLVING PERSONAL INJURY. THESE LIMITATIONS APPLY EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
15. Indemnity
To the extent permitted by law, you agree to defend, indemnify and hold harmless Floom and its affiliates, officers, employees and contractors from any claims, damages, losses and expenses, including reasonable attorneys’ fees, arising out of:
- Your Content
- your use of the Service
- your violation of these Terms, the law or the rights of any third party, including your Partner
16. Export Control and U.S. Government Users
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which you obtained it. In particular, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.
By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree not to use the App for any purpose prohibited by United States law, including the development, design, manufacture or production of nuclear, missile, or chemical or biological weapons.
The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, they are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users under these Terms. Unpublished rights are reserved under the copyright laws of the United States.
17. Apple App Store Terms
If you downloaded the App from Apple’s App Store, the following also applies:
- These Terms are between you and Floom only, not Apple Inc. (“Apple”). Floom, not Apple, is solely responsible for the App and its content.
- Your license to the App is a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions. The App may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
- Apple has no obligation to provide any maintenance or support services for the App. Floom is solely responsible for maintenance and support, as described in these Terms or as required by law.
- Floom is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are Floom’s responsibility.
- Floom, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it. This includes (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy or similar legislation.
- If a third party claims that the App, or your possession and use of it, infringes that third party’s intellectual property rights, Floom, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
- You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Send any questions, complaints or claims about the App to Floom using the contact details in Section 20.
- When using the App, you must comply with any applicable third-party terms of agreement, such as your wireless data service agreement.
- Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
18. Dispute Resolution
Governing law. These Terms and any dispute between you and Floom are governed by the laws of the State of Texas and applicable U.S. federal law, including the Federal Arbitration Act, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution first. Before starting arbitration or a court case, you and we agree to try to resolve any dispute informally:
- Send a written notice describing the dispute and the relief you want to capsmol@gmail.com. We will send any notice to the email address associated with your account.
- If the dispute is not resolved within 30 days after the notice is received, either party may start a formal proceeding.
Binding individual arbitration. Except as described below, any dispute, claim or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by final and binding individual arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, available at adr.org.
- The arbitrator, not a court, decides questions of arbitrability. A court decides questions about the class action waiver below.
- The arbitration may be held by video, by phone, based on written submissions, or in person in the county where you live.
- Payment of filing and arbitrator fees is governed by the AAA’s rules.
- The arbitrator may award the same individual relief a court could. The arbitrator may award relief only in favor of the individual party seeking it, and only to the extent needed to resolve that party’s individual claim.
Exceptions. Either party may:
- bring an individual claim in small claims court if the claim qualifies
- seek injunctive or other equitable relief in court to stop actual or threatened infringement or misuse of intellectual property rights
Class action and jury trial waiver. YOU AND FLOOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND FLOOM BOTH WAIVE THE RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable for a particular claim, that claim (and only that claim) must be severed from arbitration and brought in court, after all individual arbitrable claims are resolved.
Opting out. You may opt out of this agreement to arbitrate within 30 days after you first accept these Terms. To do so, email capsmol@gmail.com with the subject “Arbitration Opt-Out”, and include your name and the email address associated with your account. Opting out does not affect any other part of these Terms.
Courts. Any Dispute that is not subject to arbitration, including if you opt out, will be resolved exclusively in the state or federal courts located in the State of Texas. You and we consent to the personal jurisdiction of those courts.
Consumers outside the United States. If you live in the European Union, the European Economic Area, Switzerland or the United Kingdom, you also benefit from the mandatory consumer protection provisions of the law of your country of residence. You may bring proceedings in the courts of your country of residence. The arbitration agreement and class action waiver above do not apply to you to the extent those laws do not permit them. Nothing in these Terms affects your rights as a consumer under those mandatory laws.
19. General
- Entire agreement. These Terms, our Privacy Policy and any terms shown to you at the point of purchase are the entire agreement between you and Floom about the Service. They replace any prior agreements.
- Severability. If any provision of these Terms is found unenforceable, it will be limited to the minimum extent necessary, and the rest of the Terms will remain in full effect.
- No waiver. Our failure to enforce any right or provision is not a waiver of it.
- Assignment. You may not assign or transfer these Terms or your rights under them. We may assign these Terms, for example in connection with a merger, acquisition or sale of assets.
- Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control. Examples include natural disasters, outages of third-party services, internet failures and acts of government.
- Notices. We may send you notices through the App or by email to the address associated with your account. You can send notices to us at capsmol@gmail.com.
- Language. If these Terms are translated, the English version controls to the extent permitted by law.
20. Contact Us
If you have any questions about these Terms, you can contact us:
- Developer: Aleksei Smolygin, doing business as Floom
- By email: capsmol@gmail.com
- Location: State of Texas, United States