TERMS OF SERVICE
Welcome to BluSavvy.com! BluSavvy’s bookkeeping solution enables direct sales consultants to keep financial records and produce reports. The BluSavvy bookkeeping solution is available on a monthly subscription basis under either a Basic Plan or a Premium Plan, the details of which can be found on our website.
Acceptance of Terms
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THE FOLLOWING TERMS OF SERVICE (“TERMS OF SERVICE”) ARE BETWEEN YOU AND THE COMPANY YOU REPRESENT (“YOU” OR “YOUR”) AND BLUSAVVY, LLC. (“BLUSAVVY”) AND CONSTITUTE A LEGAL AGREEMENT THAT GOVERNS YOUR USE OF THE PLATFORM (AS DEFINED BELOW) AND OUR WEBSITE. YOU MUST AGREE TO THESE TERMS OF SERVICE BEFORE USING THE PLATFORM OR OUR WEBSITE. BY USING THIS PLATFORM OR OUR WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT ANY OF THESE TERMS OF SERVICE, THEN PLEASE DO NOT USE THIS WEBSITE OR OUR PLATFORM. YOU SHOULD PRINT OR OTHERWISE SAVE A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.
BluSavvy may, at its sole discretion and without notice, revise these Terms of Service at any time by updating this posting. BluSavvy recommends that you review the Terms of Service on a regular basis. You understand and agree that your continued use of the Platform after the Terms of Service has changed constitutes your acceptance of the Terms of Service as revised. Any changes to these Terms of Service do not apply retroactively but instead will only apply prospectively from the date of the published change.
“Platform” means the bookkeeping solution available on this the blusavvy.com website including the information and tools provided by BluSavvy to use the Platform.
“Registered User” means a user of the Platform, who has registered to use the Platform and has paid the applicable monthly fee and received a login identifier and password granting access to the Platform. In order to become a Registered User, you must be of legal age to form a binding contract with BluSavvy.
- Use of the Platform; Fees and Commissions
BluSavvy provides the Platform to enable you as a Registered User to create and maintain financial records and to produce financial reports for your own internal business purposes (the “Purpose”). In consideration of the payment of the Service Fees, BluSavvy hereby grants you the right to access the Platform for the Purpose. You are authorized to use the Platform and the Website and to access the information and data you enter into the Platform (the “Data”) that you input in the Platform.
You agree that you will not make the Platform available on any file-sharing or application hosting service or otherwise provide access to any part of the Platform to any third party. You also agree that you will not use the Platform to generate reports on behalf of any third party. You also agree not to use, nor permit any third party to use, the Platform in a manner that violates any applicable law, regulation or this Agreement.
Use of the Platform does not constitute the receipt of accounting advice. If you have any accounting questions, please contact an accountant. It is your sole responsibility to determine that the Platform meet the needs of your business and are suitable for the purposes for which they are used. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage of and access to your Data via the Platform will comply with laws applicable to you (including any laws requiring you to retain records).
The Platform is made available to you on a monthly subscription basis for the Service Fee set forth on the applicable invoice. Such fees are payable monthly in advance. BluSavvy may change the Service Fees from time to time by posting the changes on the Website in advance of the Registered Users’ continued use of the Platform; provided that Registered User may refuse to agree to such fees by notifying BluSavvy.
BluSavvy only accepts the following forms of payment:
- A valid credit card or debit card acceptable to BluSavvy; or
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due.
Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information. BluSavvy will automatically renew you monthly subscription unless you cancel your subscription at least fifteen (15) days prior to the end of any month. If your payment and registration information is not accurate, current and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and terminate your access to the Platform. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your access to the Platform, we may participate in programs supported by your card provider (e.g., updater services and recurring billing programs) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- Ownership of Data:
Title to Data remains owned by you. Your access to the Data is contingent on full payment of the Service Fees when due. You hereby grant BluSavvy a license to use, copy, transmit, store, and back-up the Data for the purposes of enabling the use of the Platform and for any other related purpose.
- Backup of Data:
You must maintain copies of all Data input into the Platform. BluSavvy adheres to its best practices and procedures to prevent data loss, including a daily system data back-up regime, but we do not make guarantee that there will be no loss of Data. BluSavvy expressly excludes liability for any loss of Data no matter how caused.
- Your Conduct
- Standards of User Conduct
You may not use the Platform or Website to:
- transmit via or through the Platform any information, data, text, images, files, links, software, chat, communication or other materials (“Content”) that is, or which BluSavvy considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable Content;
- sell or promote any products or services that are unlawful in the location at which the Content is posted or received;
- sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;
- introduce viruses, worms, Trojan horses and/or harmful code on the Internet;
- display material that exploits children under 18 years of age;
- post any Content that misappropriates, infringes or otherwise violates any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
- promote, solicit or participate in multi-level marketing or pyramid schemes;
- harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
- impersonate any other person, including, but not limited to, a customer, supplier, BluSavvy personnel, expert or bulletin board leader, guide or host;
- post or disclose any personally identifying information or private information about any child or third party without his or her consent (or his or her parent’s consent for a child under 18 years of age);
- post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
- intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Platform or in connection with your use of the Platform, in any manner; or
- invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
In addition, you shall not (a) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or access to any Content or any portion or all of the Platform; or (b) use any automated system (such as, without limitation a spider, robot or offline reader) that accesses any portion of the Platform or Website in a manner not authorized by BluSavvy.
The above are some, though not all, of the activities that may result in removal of Content which you post to the Platform or Website and/or the termination of your access to the Platform or Website.
- Content Submitted by Users
If you contribute Content to the Website, you hereby (i) warrant that such Content is true and correct, (ii) grant to BluSavvy and any users of the Website a non-exclusive, royalty-free, perpetual, irrevocable, transferrable, sublicensable worldwide license to use, copy, distribute and create derivative works of such Content solely for the purposes for which the Content was submitted or made available to the Platform.
- Security of Login Credentials
When you register on the Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login identifier and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify BluSavvy immediately if you believe that your login identifier or password has been or may be used without your permission so that appropriate action can be taken. BluSavvy is not responsible for losses or damage caused by your failure to safeguard your login identifier and password.
- Downloaded Files
It is the user’s responsibility to ascertain whether any information downloaded from the Website is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.
BluSavvy may terminate any user’s access to the Website and the Platform in our sole discretion, for any reason and at any time, with or without prior notice. Upon termination, you may lose all or partial access to the Website and/or the Platform. It is the policy of BluSavvy to terminate users who violate these Terms of Service as deemed appropriate in our sole discretion. You agree that BluSavvy is not liable to you or any third party for any termination of your access to the Website and/or the Platform.
- Intellectual Property Rights
- User Rights
Platform users have a personal, non-transferable, non-exclusive right to access and use the Platform and all Content on this Website subject to these Terms of Service. The term “Content” includes all information, text, images, data, links, software, or other material accessible through the Website, whether created by BluSavvy or provided by another person for display on the Website.
You may view, copy, download, and print Content that is available on the Website subject to the following conditions:
- The Content may be used solely for internal informational purposes. No part of the Platform, this Website or their Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
- You shall not modify the Content or permit others to modify it.
- You shall not remove copyright, trademark, and other proprietary notices.
Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Platform, this Website or any Content displayed on or made available via the Website, through the use of framing or otherwise, except: (i) as expressly permitted by these Terms of Service; or (ii) with the prior written permission of BluSavvy or the such third party that may own the trademark or copyright of material displayed on or made available via the Platform.
- BluSavvy Data Rights
You grant to BluSavvy the right to use (i) Data regarding use and/or performance of the Platform for services arising from the Platform and (ii) Aggregate Information, for any purpose.
- Copyright and Trademark Information
The Platform, the Website, and the information which it contains, is the property of BluSavvy and its licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “BluSavvy” and the BluSavvy logo are trademarks of BluSavvy, LLC under the applicable laws of the United States and/or other countries. The absence of a product or service name or logo from this list does not constitute a waiver of BluSavvy’s trademark or other intellectual property rights concerning that name or logo.
All other product names are trademarks or registered trademarks of their respective owners.
- Copyright Infringement; Notice and Take Down Procedures
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by contacting BluSavvy.
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy of the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide BluSavvy with its URL or any other pertinent information that will allow BluSavvy to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, BluSavvy maintains a policy for the termination, in appropriate circumstances, of Registered Users of the Platform who are repeat infringers.
- Warranties, Disclaimers and Indemnity
- Representations and Warranties
BluSavvy represents and warrants that it has the right to enter into this Agreement and grant you the rights it grants herein.
- Disclaimer of Warranty
THE PLATFORM AND THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BLUSAVVY DOES NOT WARRANT THAT: (i) THE PLATFORM OR THE WEBSITE IS CORRECT, ACCURATE, RELIABLE, COMPLETE OR FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE PLATFORM, THE WEBSITE, OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL BLUSAVVY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE PLATFORM OR THE WEBSITE, AND INFORMATION IN ANY CONTENT ON THE PLATFORM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE ON THE PLATFORM OR THE WEBSITE. YOUR ARE RESPONSIBLE FOR SEEKING THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BLUSAVVY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE WEBSITE, EVEN IF BLUSAVVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BLUSAVVY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED US$100.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In the event that your jurisdiction limits the above the exclusion of warranties or the limitation or exclusion of liability set forth above, such exclusions of warranties or limitation or exclusion of liability shall apply to the maximum extent permitted by applicable law.
BluSavvy shall use its reasonable efforts to maintain your Data in confidence and BluSavvy will not use such Data except as authorized herein. Such obligations shall not apply to any Data which is no longer maintained in confidence or is independently developed by BluSavvy.
You agree to indemnify and hold BluSavvy and its licensors harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Platform or breach of this Agreement (collectively referred to as “Claims”). BluSavvy reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by BluSavvy in the defense of any Claims
- No Export of Information
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. Nothing from the Platform or the Website may be exported, in any way, in violation of United States law.
- Enforcement of Terms of Service
These Terms of Service are governed and interpreted pursuant to the laws of the State of Massachusetts, United States of America, notwithstanding any principles of conflicts of laws that would apply the law of any other jurisdiction.
The failure of BluSavvy to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
You agree that any claim or cause of action arising out of or related to these Terms of Service or the use of the Platform, including without limitation the Website, must be filed within one (1) year after the cause of action arose or be forever barred.
If any part of these Terms of Service is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- Entire Agreement
These Terms of Service constitute the entire Agreement between you and BluSavvy relating to the subject matter hereof and govern your use of the Platform. These Terms of Service shall not be modified except in writing signed by both parties or by a posting by BluSavvy of new Terms of Service, as described above.
- For Additional Information
If you have any questions about the rights and restrictions above, please contact BluSavvy by email at firstname.lastname@example.org.
Copyright © 2016, BluSavvy, LLC. All Rights Reserved.