BluSKY Sponsors User License Agreement
Thanks for using BluSKY!
BluSKY is a cloud-based SaaS product engineered and supported by BluBØX Security, Inc., a Massachusetts Corporation (BluBØX).
This Sponsor’s User License Agreement (“SULA”) covers your use and access to BluSKY and other related services such as BluBØX’s client software and websites (hereafter the “BluSKY Services").
The Sponsor
You are the “Sponsor”. The Sponsor is the business entity that is purchasing the licenses for the use of BluSKY Services from BluBØX or a BluBØX-Certified Reseller (“Reseller”). As a result, any Reseller is party to this Agreement.
The Users
As a Sponsor, you may grant access to the BluSKY Services to others by providing them with log-in credentials. You may limit their scope by assigning them specific Roles and Permissions. Please think carefully about your assignment of log-in credentials and the associated Roles or Permissions.
BluBØX’s Privacy Policy explains how the BluSKY Services collect and use Users’ information while BluBØX’s Acceptable Use Policy outlines your and their responsibilities when using BluSKY Services.
By using BluSKY Services, you and your users agree to be bound by this SULA, and to review BluBØX ‘s Privacy and Acceptable Use policies. Users who are using BluB0X Services for an organization must agree to these terms on behalf of that organization.
Your Stuff & Your Permissions
BluSKY Users provide things like contact information, visitor names, email addresses, and so on ("Your Stuff"). Your Stuff belongs to you or to your Users. The terms of this SULA don't give BluB0X or BluB0X’s Certified Resellers any rights to Your Stuff except for the limited rights that enable them to offer the Services.
We host Your Stuff and automatically back it up for your or the Sponsor’s benefit, but we need your permission to do things like sharing it when you ask us to. Our Services also provide you with features like the storage of photo IDs, the extraction of reports, the ability to e-mail data, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Stuff. You give us permission to do those things, and this permission extends to our affiliates, Certified Resellers and the trusted third parties with whom we work.
Sharing Your Stuff
Our Services let you or the Sponsor define access to Your Stuff via Roles and Permissions, so please think carefully about who you give permissions to.
Your Responsibilities
You're responsible for your and your User’s conduct: you, Your Stuff and your Users must comply with BluB0X’s Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
We may review your or any of your User’s conduct and content for compliance with these terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.
Please insure that all log-in credentials to any and all of the BluSKY Services are properly safeguarded, and make sure that others don't have access to these credentials.
Software
Some of our Services communicate with client software ("Client Software") which may be updated automatically. So long as you and your Users comply with the terms of this SULA, we give you and your Users a limited, non-exclusive, non-transferable, revocable license to use the Client Software relative to your and their access to BluSKY. To the extent any component of the Client Software may be offered under an open source license, we'll make that license available to you and your Users, and the provisions of that license may expressly override some of these terms. Unless this restriction is prohibited by law, you and your Users agree not to reverse-engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Our Stuff
BluSKY Services may be protected by copyright, trademark, and other US and foreign laws. This SULA does not grant you or your Users any right, title or interest in the BluSKY Services, in others' content in the Services, in BluSKY trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Copyright
We respect the intellectual property of others and ask that you and your Users do too. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate credentials of repeat infringers. Please send any official notice to executiveoffice@BluB0X.com.
Use of BluSKY and Associated Services
Your and your Users’ must use BluSKY Services in compliance with the Sponsor’s terms and policies. Please note that your access to BluSKY Services is subject to the Sponsor’s control. Your Administrators or other Administrators that you designate, may be able to access, disclose, restrict, or remove information in or from your BluSKY data. They may also be able to restrict or terminate access by some or all other Users to BluSKY and associated Services.
Account Billing
Your and your Users’ access to BluSKY and other related Services is provided under a perpetual license that shall be billed periodically to you by BluBØX or your BluB0X-Certified Reseller – (the party who is currently providing support services for your security system).
- You may increase or decrease the number of users or the number of devices that are supported by your system at any time.
- You can add or ask to discontinue features and interfaces to and from the BluSKY Services at any time.
- You may discontinue your use of the BluSKY Services as provided in your contractual Agreement with BluBØX or your BluBØX-Certified Reseller.
BluBØX automatically bills you or your Reseller on the first of every month for your use of BluSKY and other Services in the previous month as follows:
User-based license fees shall be based on the number of active (i.e. not deleted) users in the databases on the last day of the month being billed.
Device-based license fees shall be based on the number of devices supported in your databases during the month, and shall be pro-rated for the number of days that the device was installed in the databases during that month.
Application-based License fees for installed applications shall be billed based upon whether the feature was installed at any time during the previous month.
Unpaid Account
If you do not pay your account on time, BluBØX may disable all your credentials and all communications between BluSKY and your system.
However, your Client Account will remain in effect until it's cancelled or terminated under the terms of this SULA. Until BluB0X receives a formal Termination Notice, BluBØX will continue to bill all the license fees that are due.
NOTE: Your Reseller’s billing policies for the Services and for the suspension or termination of the Services may differ from the Policy that governs BluBØX’s billings to your Reseller.
Termination
You're free to stop using BluSKY Services at any time. BluB0X also reserves the right to suspend or end your use of the BluSKY Services at any time at their discretion and without notice. For example, we may suspend or terminate your use of the Services if you or your Users are not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services.
If you wish to terminate your account, you must provide notice to BluBØX or to your Reseller.
BluBØX will then act to terminate your account. In some cases, Professional Services may be needed and up to 30 days’ time may be needed to fully terminate an account. BluBØX will bill as follows: 1) pro-rata fees for your system as defined above, from the first of the month to the date of actual termination, PLUS a flat disconnect fee equal to the total billed for the latest full-month of fees, PLUS any Professional Fees that may be needed to terminate your account.
Pricing Changes
BluBØX may change the fees in effect at any time. BluBØX will give you advance notice of such changes t
Services "AS IS"
BluBØX strives to provide great Services, but there are certain things that it can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUB0X AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS”. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR BLUBØX’s, ITS AFFILIATES’, OR ITS RESELLERS’ FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL BLUBØX, ITS AFFILIATES, SUPPLIERS, DISTRIBUTORS OR RESELLERS BE LIABLE FOR:
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS WILL BE REGARDLESS OF WHETHER OR NOT BluBØX, OR ANY OF ITS AFFILIATES, SUPPLIERS, DISTRIBUTORS OR RESELLERS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ADDITIONALLY, BluBØX, ITS AFFILIATES, SUPPLIERS, DISTRIBUTORS OR RESELLERS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $500 OR THE AMOUNTS PAID BY YOU FOR THE PAST SIX (6) MONTHS OF THE SERVICES IN QUESTION.
Some places don't allow the types of limitations in this paragraph, so they may not apply to you.
Resolving Disputes
Let's try to sort things out first. We want to address your or your Users’ concerns without needing a formal legal case. Before filing a claim against BluBØX, its affiliates, suppliers, distributors or Resellers, you agree to try to resolve the dispute informally by first contacting us at executiveoffice@BluB0X.com. BluBØX and/or your Reseller will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you, BluBØX, or its Reseller may bring a formal proceeding.
Judicial forum for disputes. You, BluB0X and its Resellers agree that any judicial proceeding involving BluBØX to resolve claims relating to the terms of this SULA or to the BluSKY Services will be brought in the federal or state courts of Massachusetts subject to the mandatory arbitration provisions below unless agreed otherwise. You, BluBØX and its Resellers consent to venue and personal jurisdiction in such courts.
Arbitration Provisions for US Residents
Agreement to Arbitrate. You, your Users, BluBØX, and its Resellers agree to resolve any claims relating to the terms of this SULA or to the BluSKY Services through final and binding arbitration.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in the United States in Massachusetts, or any other location that is agreed.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. BluBØX and/or its Reseller will pay all arbitration fees for claims less than $75,000. BluBØX and its Reseller will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate.
Your Users may assert claims, if they qualify, in small claims court in Boston, MA.
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Massachusetts to resolve your claim.
No Class Actions.
Individuals may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Controlling Law
This SULA will be governed by Massachusetts law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
Entire Agreement
This Agreement constitutes the entire agreement between You, BluBØX and its Resellers with respect to the subject matter of this SULA, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this SULA. The terms of this SULA create no third party beneficiary rights.
Waiver, Severability & Assignment
BluBØX's or its Resellers’ failure to enforce a provision is not a waiver of their right to do so later. If a provision is found unenforceable, the remaining provisions of this SULA will remain in full effect and an enforceable term will be substituted reflecting the original intent as closely as possible. You may not assign any of your rights under this SULA, and any such attempt will be void. BluB0X may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address appearing in the databases or in any legal Agreement between us, or posting the change on such vehicles as the BluBØX.com, BluSKY.com websites or in the BluBØX knowledgebase. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised terms of the SULA.