Terms and Conditions

Last Updated: 13 January 2026

 

 

1. Acceptance of Terms

These Terms and Conditions (“Agreement”) are entered into between you and bosom’d LLC (“bosom’d,” “we,” “us,” or “our”), including its proprietary bd-branded tools, platforms, and services (“bd”).

Please read these Terms and Conditions carefully. By accessing, browsing, creating an account, or using any bosom’d website, mobile application, bd-branded proprietary tools, or related services (collectively, the “Services”), you agree to be legally bound by this Agreement.

• Age Requirement: By using the Services, you represent that you are at least eighteen (18) years of age, or if you are under the age of eighteen (18), that you have obtained the consent of your parent or legal guardian to use the Services and agree to these Terms.

• Agreement: If you do not agree to these Terms, you may not access or use the Services.

 

2. Changes to the Services

bosom’d reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, temporarily or permanently, without notice or liability.

 

 

3. Jurisdiction and International Access

The Services are operated from the United States. Access to the Services from outside the United States is permitted at the user’s own risk. bosom’d makes no representation that the Services or products comply with laws or regulations outside the United States.

 

 

4. Information Submitted

All Personal Information submitted through the Services is governed exclusively by bosom’d’s Privacy Policy. You agree to provide accurate, current, and complete information and to update such information as necessary.

 

 

5. Account Registration and System Security

5.1 Account Registration & Credential Security

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account.

• Suspension: bosom’d may suspend or terminate access, temporarily or indefinitely, without notice if any activity poses a risk to our systems, users, or operations.

• User Responsibility: bosom’d is not responsible for any loss, damage, or unauthorized access resulting from your failure to safeguard credentials. This includes circumstances where the same or similar login credentials are used across multiple services, platforms, or accounts that are compromised or breached by third parties.

• Liability: bosom’d shall not be liable for unauthorized access to your account that occurs as a result of credential reuse, phishing, social engineering, malware, or other security incidents outside bosom’d’s reasonable control.

 

5.2 System Integrity & Unauthorized Access

You are strictly prohibited from violating or attempting to violate the security of the Services or bosom’d’s internal infrastructure. You agree that you will not:

• Unauthorized Access: Access, or attempt to access, non-public areas, data, servers, or internal systems for which you do not have strict, express written permission.

• Infiltration & Bypass: Attempt to probe, scan, or test the vulnerability of any system or network, or to breach, bypass, or infiltrate security or authentication measures.

• Malicious Software: Upload, post, email, or otherwise transmit any material that contains software viruses, malware, ransomware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.

• Disruption of Operations: Interfere with or disrupt (or attempt to interfere with or disrupt) access to any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, or crashing the Services.

 

6. Proprietary Sizing Tools and Measurements

bosom’d offers proprietary sizing tools and processes, including the bd Sizing Sidekick® and the “My Perfect Fit” sizing process, to assist customers in selecting garments.

• Accuracy: Customers are solely responsible for providing accurate, complete, and truthful measurements and for using sizing tools correctly. bosom’d does not independently verify customer-provided measurements or data.

• Disclaimer: Sizing recommendations are provided for guidance purposes only and do not constitute a guarantee of fit, comfort, performance, or outcome.

 

7. Product Use, Health-Related Information, and Assumption of Risk

7.1 Garments and Health Disclaimers

bosom’d garments are not medical devices and are not intended to diagnose, treat, cure, or prevent any medical condition.

• Subjective Experience: While some customers report that supportive garments may assist with posture awareness, reduce perceived neck/back strain, or reduce headaches, such outcomes are subjective, vary by individual, and are not guaranteed.
• Assumption of Risk: By purchasing and using bosom’d garments, you acknowledge that comfort, fit, and bodily response vary by individual and that you assume the ordinary risks associated with wearing apparel, including but not limited to potential discomfort, irritation, pressure, or allergic reaction.

 

7.2 Sizing Sidekick® and Measuring Tools

The bd Sizing Sidekick® is a measuring tool intended solely for taking body measurements as directed by bosom’d.

• Proper Use: You agree to use the Sizing Sidekick® and any other provided tools only for their intended purpose.
• Safety Warning: Do not use the device in a manner that could cause injury to yourself, others, pets or damage to property. The device should be kept out of reach of small children and pets, and used with reasonable care.
• Liability: bosom’d is not responsible for any injury, damage, or harm resulting from the misuse, improper handling, modification, or unintended use of the Sizing Sidekick® or other tools.

 

8. Purchases, Transactions, and Remedies

To purchase products, you must provide valid contact information and payment information and represent that you are authorized to use the payment method provided.

• Returns: Returns, refunds, and satisfaction-based remedies are governed exclusively by bosom’d’s Returns & Refunds Policy.

• Warranty: Manufacturing or material defect claims are governed by bosom’d’s Limited Warranty Policy.

 

9. Electronic Communications, Chat, and Messaging

By using bosom’d’s communication channels (including live chat, AI-assisted chat, phone support, email, or SMS), you acknowledge and agree that such Communications are governed by these Terms and applicable policies (Privacy, Cookie, Warranty, Returns).

9.1 Informational Nature

Communications are provided solely for informational and customer support purposes. They do not constitute guarantees, warranties, medical advice, professional advice, or binding commitments beyond those expressly set forth in bosom’d’s written policies. Verbal statements made during phone support do not modify or supersede these Terms.

9.2 Wireless & SMS Policy

Wireless text message communications (SMS/MMS) are governed separately by bosom’d’s Wireless & SMS Policy. This policy sets forth consent requirements, opt-out procedures, and limitations. In the event of a conflict regarding text messaging, the Wireless & SMS Policy shall control with respect to SMS and wireless communications.

 

 

10. User Submissions

You retain ownership of any reviews, testimonials, feedback, images, videos, or other content (collectively, “User Submissions”) you submit to bosom’d.

• Scope: This applies to submissions provided in any format (written, verbal, audio, or video) and through any channel, including the website, email, phone support interactions, social media, or other means.
• License Grant: By submitting such content, you grant bosom’d a worldwide, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for any business, marketing, or promotional purpose, in any media formats and through any media channels now known or hereafter developed.
• Privacy: This license excludes sensitive Personal Information (such as payment details or address) but permits the use of your first name, initial, and general location (e.g., “Bre D. from Idaho”) in connection with the testimonial, unless you request otherwise.

 

11. Intellectual Property

All content, materials, trademarks, service marks, logos, trade dress, designs, text, graphics, images, videos, software, algorithms, proprietary methodologies, data models, sizing logic, and proprietary tools (including but not limited to the bd Sizing Sidekick® and the My Perfect Fit sizing process) made available through the Services are the exclusive property of bosom’d LLC or its licensors.

11.1 Ownership and Protection

Such intellectual property is protected under applicable United States and international intellectual property laws, including but not limited to trademark, copyright, patent, and trade secret laws. These assets may be the subject of registrations, applications, or protections with the United States Patent and Trademark Office (USPTO) and/or corresponding foreign trademark and patent authorities.

11.2 Prohibited Uses

You may not copy, reproduce, distribute, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, derive source code from, scrape, infer, or otherwise attempt to discover or exploit any proprietary technology, algorithms, or intellectual property used in connection with the Services without bosom’d LLC’s strict prior written consent.

 

 

12. Third-Party Links and Services

The Services may contain links to or integrations with third-party websites, platforms, or tools (“Third-Party Services”).

• Risk: Your access to and use of Third-Party Services is at your own risk and subject exclusively to the terms and policies of the applicable third party.

• No Liability: bosom’d does not control or endorse Third-Party Services and shall not be liable for any loss or damage arising from your use of them.

 

13. Disclaimer of Warranties

The Services and products are provided “as is” and “as available,” without warranties of any kind, express or implied, to the fullest extent permitted by law. This Section does not limit or exclude any express warranty provided by bosom’d under its Limited Warranty Policy.

 

 

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOSOM’D SHALL NOT BE LIABLE for any INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including but not limited to LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR INTANGIBLE LOSSES, arising out of or relating to your use of the SERVICES, PRODUCTS, SIZING TOOLS, ALGORITHMS, or COMMUNICATIONS.

AGGREGATE LIABILITY CAP: TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOSOM’D’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO BOSOM’D IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes liability for gross negligence, willful misconduct, or non-waivable statutory obligations.

 

 

15. Indemnification

You agree to defend, indemnify, and hold harmless bosom’d LLC and its officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of:

• Your use or misuse of the Services, products, sizing tools, or recommendations;
• Any information or measurements you provide (including inaccurate data);
• Your violation of these Terms or any applicable law;
• Your use of Communications (chat, phone/SMS, email);
• Your infringement of third-party rights; or
• Your negligent or wrongful conduct.

 

16. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

16.1 Mandatory Informal Dispute Resolution

bosom’d prefers to resolve disputes directly with our customers. Before filing a claim for arbitration, you agree to first attempt to resolve the dispute informally by contacting our Customer Care Team at Support@bosomd.com.

• Process: You must provide a brief written description of the dispute and the specific relief you seek.
• Timeframe: You and bosom’d agree to make a good faith effort to resolve the dispute directly. If the dispute is not resolved within sixty (60) days of your submission, you or bosom’d must provide written notice to the other party of the intent to proceed to formal arbitration.
• Tolling: Any statute of limitations which would otherwise apply shall be tolled (paused) during this sixty (60) day informal resolution period.

 

16.2 Binding Arbitration

You and bosom’d LLC agree that any dispute or claim arising out of or relating to these Terms, the Services, products, warranties, or transactions that is not resolved through the informal process described above shall be resolved exclusively through binding arbitration, rather than in court, except for qualifying individual claims in small claims court.

• Administration: Arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.
• Location: Arbitration may be conducted remotely, by written submissions, telephone, or video conference, or in the county or state of your residence, unless the parties agree otherwise.
• Governing Act: The Federal Arbitration Act governs the interpretation and enforcement of this provision.

 

16.3 Class Action Waiver

YOU AND BOSOM’D LLC 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or award relief to any person other than the individual party.

16.4 Survival and Enforceability

This arbitration Agreement survives termination of your relationship with bosom’d. If any portion of this Section is found unenforceable, the remainder shall remain in full force and effect, except that if the Class Action Waiver is found unenforceable, this entire arbitration provision shall be null and void.

 

 

17. Governing Law

These Terms and Conditions, and any dispute arising out of or relating to them, shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-laws principles.

 

 

18. Miscellaneous

• Entire Agreement: These Terms constitute the entire Agreement between you and bosom’d LLC regarding the Services.

• Severability: If any provision is found unenforceable, the remaining provisions shall remain in full force.

• Assignment: bosom’d may assign these Terms without restriction. You may not assign these Terms without prior written consent.

• No Waiver: Failure to enforce any right does not constitute a waiver.

• Force Majeure: bosom’d shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to:
  • Natural Events: Acts of God, natural disasters, fire, floods, earthquakes, or severe weather conditions.

• • Civil/Political: War (declared or undeclared), terrorism, crime, riots, civil unrest, insurrection, embargoes, or governmental actions/orders.

• • Operational: Labor disputes, strikes, lockouts, supply chain disruptions, or raw material shortages.

• • Technical/Infrastructure: Power outages, system failures, cyberattacks, ransomware, or interruptions of internet, telecommunications, utilities, or transportation services.

• Order of Precedence: In the event of a specific conflict between these Terms and a specific Policy (e.g., Returns & Refunds Policy, Limited Warranty Policy), the provisions of the specific Policy shall control with respect to that specific subject matter.

 

19. Policy Updates

bosom’d may update this Terms and Conditions Policy from time to time.

• Notice: When we do, we will revise the “Last Updated” date at the top of this Policy. Unless otherwise required by law, posting an updated Policy constitutes notice.

• Acknowledgment: Your continued use of the Services after the effective date of an updated Policy indicates your acknowledgment of the updated Policy, to the extent permitted by law.

 

20. Contact Us

Privacy-Specific Inquiries: Privacy@bosomd.com

Customer Support: Support@bosomd.com

Public Relations: PR@bosomd.com

Phone: 1‑208‑423‑2727

 

 

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