BluSKY End User License Agreement

Thanks for using BluSKY!

BluSKY ^TM is a cloud-based SaaS product engineered and supported by BluBØX Security, Inc., a Massachusetts Corporation (BluBØX).

This End User License Agreement (EULA) covers the use and access to BluSKY and other BluBØX client software or web sites (hereafter referred to as "BluSKY"). The license is non-transferrable.

The Sponsor

The “Sponsor” is your employer or some other business entity such as a Property Management Company that has purchased a license for the use of BluSKY from a BluBØX-certified Reseller (“Reseller”). As a result, you, the Sponsor, the Reseller, and BluB0X are parties to this Agreement. BluBØX’s Privacy Policy explains how BluSKY collects and uses your information while BluBØX’s Acceptable Use Policy outlines your responsibilities when using BluSKY.

By using BluSKY, you're agreeing to be bound by this EULA, and to review BluBØX ‘s Privacy and Acceptable Use policies. If you're using BluSKY for an organization, you're agreeing to these terms on behalf of that organization.

Your Permissions and the Sponsor’s Stuff

Your Sponsor has given you “Permissions” to access BluSKY. When you use BluSKY, you provide things like your or other people’s contact information, names, email addresses, and so on. This information automatically belongs to your Sponsor and is labeled “The Sponsor’s Stuff”. The terms of this EULA don't give BluBØX or BluB0X’s Certified Resellers any rights to the Sponsor’s Stuff except for the limited rights that enable them to maintain BluSKY.

We host the Sponsor’s Stuff and automatically back it up for your or the Sponsor’s benefit, but we need the Sponsor’s permission to do things like sharing it when the Sponsor asks us to. BluSKY also provides 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 the Sponsor’s Stuff. The Sponsor permits us to do those things, and this permission extends to our affiliates, Certified Resellers, and the trusted third parties with whom we work.

Sharing The Sponsor’s Stuff

BluSKY lets you or the Sponsor define access to The Sponsor’s Stuff via Roles and Permissions, so please think carefully about who you give permissions to in BluSKY.

Your Responsibilities

You're responsible for your conduct: you must comply with BluB0X’s Acceptable Use Policy when adding to, editing, or deleting things from the Sponsor’s Stuff. Content in BluSKY 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 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 BluSKY. Please safeguard your log-in credentials to any and all of the BluSKY, and make sure that others don't have access to these credentials.

Software

BluSKY may communicate with client software ("Client Software"). This Software is updated automatically. So long as you comply with the terms of this EULA, we give you and your Sponsor a limited, non- exclusive, non-transferable, revocable license to use the Client Software relative to your 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 Sponsor, and the provisions of that license may expressly override some of these terms. Unless this restriction is prohibited by law, you agree not to reverse- engineer or decompile BluSKY or the Client Software, attempt to do so, or assist anyone in doing so.

Our Stuff

BluSKY and its services may be protected by copyright, trademark, and other US and foreign laws. This EULA does not grant you any right, title or interest in BluSKY or its services, in others' content in BluSKY or the services, in the BluSKY trademarks, in logos or in 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 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 use of BluSKY is authorized by the Sponsor. You must use BluSKY in compliance with the Sponsor’s terms and policies. Please note that your access to BluSKY is subject to the Sponsor’s control. The Sponsor’s Administrators or other Administrators designated by the Sponsor may be able to access, disclose, restrict, or remove information in or from the BluSKY data that you submitted. They may also be able to restrict or terminate your access to BluSKY and associated Services.

Termination

You're free to stop using BluSKY at any time.  You must give 30 days' written notice to your Reseller or to BluB0X.  You will be charged for your usage up to the date of termination, plus a termination fee equal to your most recent full month's billing to cover professional services needed to clear your data from the BluSKY databases. 

The Sponsor, the Sponsor’s BluBØX-Certified Reseller, and/or BluB0X reserve the right to suspend or terminate your use of BluSKY at any time at their discretion and without notice if you're not complying with the Terms and Conditions of Service, or if you use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others' use of the Services.

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 BLUSKY OR ITS SERVICES. BLUSKY AND 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:

1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
2. 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 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 FOR 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 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 the Sponsor. You may also contact us at executiveoffice@BluB0X.com. BluBØX, the Sponsor, and its Reseller(s) will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you, the Sponsor, BluBØX, or its Reseller may bring a formal proceeding. Judicial forum for disputes. You, BluBØX and its Resellers agree that any judicial proceeding involving BluBØX to resolve claims relating to the terms of this EULA or to BluSKY 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, BluBØX and its Resellers agree to resolve any claims relating to the terms of this EULA or to the BluSKY 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.

• You 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 arbitration, class actions, private attorney general actions, and consolidation with other arbitration aren't allowed.

Controlling Law

This EULA 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 EULA, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this EULA. The terms of this EULA 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 EULA 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 EULA, and any such attempt will be void. BluBØX 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 EULA.