Terms of Service

These terms govern your use of the Blue platform and services.

Last updated: April 18, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Bloo, Inc. (“Blue,” “we,” “us,” or “our”) governing your access to and use of the Blue platform and related services (collectively, the “Service”). By accessing or using the Service, you accept these Terms in full. If you do not agree, do not use the Service.

1. Agreement and Acceptance

1.1 Acceptance by Use. By accessing or using the Service, you agree to be bound by these Terms and all documents incorporated herein by reference, including the Acceptable Use Policy, Privacy Policy, and Data Processing Agreement.

1.2 Authority to Bind. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “Customer” refers to that entity and you agree to these Terms on its behalf.

1.3 Deemed Authorization. You are deemed an authorized representative with authority to bind your employer or organization if: (i) you register for or access the Service using an email address issued by that employer or organization, or (ii) you are designated as an account administrator within the Service.

1.4 No Agreement, No Access. If you do not have authority to bind an entity or do not accept these Terms, you may not access or use the Service.

2. Definitions

As used in these Terms:

  • “Acceptable Use Policy” or “AUP” means the Acceptable Use Policy available at /legal/aup, incorporated into these Terms by reference.
  • “Anonymous Information” means de-identified, aggregated, or statistical data derived from Customer’s use of the Service that cannot reasonably be used to identify any individual or entity.
  • “Content” means any data, text, files, images, video, audio, or other materials submitted, uploaded, or otherwise made available through the Service.
  • “Customer” means the entity or individual that has agreed to these Terms.
  • “Documentation” means the technical and operational documentation and help materials made available by Blue for the Service.
  • “Service” means the Blue process management platform, including all related software, APIs, websites, and services operated by Blue.
  • “Service Data” means aggregated, anonymized, and statistical data generated by or derived from operation and use of the Service, excluding User Submissions and User Information.
  • “User” means an individual authorized by Customer to access and use the Service on Customer’s behalf.
  • “User Information” means account registration data and identifiers provided by or associated with Users, such as name, email address, and login credentials.
  • “User Submissions” means Content that Customer or its Users upload, submit, or otherwise make available to the Service.

3. The Service

3.1 Nature of the Service. The Service is a cloud-based process management platform intended for use by businesses and organizations. The Service is a workplace tool and is not intended for consumer purposes. To the fullest extent permitted by applicable law, consumer protection laws and regulations do not apply to Customer’s use of the Service.

3.2 Modifications. Blue may modify, update, add, or discontinue features or functionality of the Service at any time, with or without notice. Blue is not obligated to provide any particular feature or functionality on an ongoing basis.

3.3 No Future Functionality Guarantee. Customer’s purchase of any subscription or plan is not contingent on the delivery of any future features or functionality, nor dependent on any oral or written representations made by Blue regarding future features or functionality.

3.4 Beta Features. Blue may make pre-release or beta features available from time to time. Such features are provided “as is,” without any warranty, SLA, or support obligations, and may be discontinued at any time without notice or liability.

3.5 As-Is Provision. The Service is provided on an “as is” and “as available” basis. Blue does not guarantee uninterrupted access or that the Service will be free from errors or defects.

4. License

4.1 Grant. Subject to Customer’s compliance with these Terms, Blue grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the applicable subscription period, solely for Customer’s internal business purposes.

4.2 Revocability. Blue may revoke this license at any time, in its sole discretion.

4.3 Restrictions. Customer shall not, and shall not permit any third party to: (i) sublicense, resell, transfer, share, or otherwise make available access to the Service or any license thereto to any person or entity outside of Customer’s organization — sharing or reselling licenses is strictly prohibited and may result in immediate suspension or termination of all affected licenses, including any licenses linked by common ownership, payment method, billing email, IP address, device fingerprint, or shared usage patterns, without refund; this restriction does not apply to Users invited to access the Service through Blue’s standard invitation features (including external collaborators, clients, contractors, and guests), provided such access complies with Customer’s plan limits and is used in connection with Customer’s own business operations; (ii) access or attempt to access the underlying source code, object code, or infrastructure of the Service; (iii) use the Service for any purpose other than Customer’s internal business operations; or (iv) use the Service in violation of the Acceptable Use Policy.

5. Accounts

5.1 Account Responsibility. Customer is responsible for all activity that occurs under its account, regardless of whether such activity is authorized by Customer. Customer shall immediately notify Blue at [email protected] upon becoming aware of any unauthorized access or use of Customer’s account.

5.2 Credential Security. Customer shall maintain the confidentiality and security of all account credentials. Blue uses secure authentication methods and Customer is responsible for ensuring that only authorized Users access Customer’s account.

5.3 Accurate Information. Customer shall provide accurate, current, and complete information during registration and shall maintain the accuracy of such information throughout the subscription term.

5.4 Age Requirement. The Service may only be used by individuals who are at least 18 years of age.

5.5 Authorized User Actions. Any action taken by any User under Customer’s account is deemed to be an action authorized by Customer. Customer shall not use the defense that a User acted without authorization as a basis for disputing any obligation arising from such action.

5.6 Third-Party Agents. If Customer permits any automated agent, bot, script, AI system, or other non-human entity (each, a “Third-Party Agent”) to access the Service on Customer’s behalf, Customer is solely responsible for: (i) all actions taken by such Third-Party Agent; (ii) ensuring the Third-Party Agent’s compliance with these Terms and the AUP; and (iii) any data or content generated, submitted, or processed by such Third-Party Agent. Blue has no obligation to distinguish between human and automated access and will treat all actions under Customer’s account as authorized.

6. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. The AUP sets out prohibited conduct, content restrictions, and enforcement procedures. Violation of the Acceptable Use Policy may result in immediate suspension or termination of access to the Service, without a cure period and without liability to Blue.

7. Storage and Usage Limits

7.1 Plan Limits. Storage allocations and other usage limits applicable to Customer’s plan are set forth on the applicable pricing page or order and are subject to change in accordance with these Terms. Such limits are not specified in these Terms and may be updated independently.

7.2 Excessive Usage. Blue reserves the right, at its sole discretion, to impose additional fees, contact Customer regarding a custom plan, or restrict access if Customer’s usage is excessive relative to comparable customers on the same plan. Blue is not required to define specific thresholds in advance.

7.3 Cold Storage. Files that have not been accessed for 30 or more days may be moved to cold or archival storage. Such files remain accessible but retrieval may involve additional latency.

8. AI Features

8.1 As-Is, Probabilistic Outputs. AI-powered features within the Service are provided “as is.” Outputs generated by AI features are probabilistic in nature and may be inaccurate, incomplete, or inappropriate for Customer’s specific use case. Blue makes no representations or warranties regarding the accuracy, completeness, or fitness for purpose of any AI-generated output.

8.2 Customer Oversight. Customer is solely responsible for implementing appropriate human oversight and review of AI-generated outputs prior to reliance or use in any decision-making context. Customer must independently evaluate the suitability and accuracy of any AI output.

8.3 Customer Owns Decisions. Customer owns all decisions, actions, and consequences that result from or are based upon AI outputs generated by the Service. Blue accepts no liability for any decision made in reliance on AI features.

8.4 Compliance Disclosure. Customer shall, upon request by Blue, promptly disclose how it is using AI features within the Service and confirm compliance with all applicable laws and regulations governing automated decision-making and AI usage.

8.5 Blue’s Use of AI for Enforcement. Blue may use AI systems and automated tools for content scanning, abuse detection, compliance monitoring, and enforcement of these Terms and the AUP, including scanning User Submissions and file contents. AI systems are used to flag potential violations; all enforcement decisions are made by humans. See Section 10.4.

8.6 No AI Training on Customer Data. Blue will not use Customer’s User Submissions or User Information to train, fine-tune, or improve AI or machine learning models without Customer’s explicit written consent. This restriction does not apply to Anonymous Information or Service Data.

8.7 AI Sub-Processors. AI features may be powered by third-party AI providers. Such providers are identified on our Sub-Processors page.

9. Payment

9.1 Fees. Customer shall pay all fees applicable to its subscription as set forth on the applicable pricing page, order form, or invoice. All fees are stated in USD unless otherwise specified in a separate order.

9.2 Non-Cancelable, Non-Refundable. Except as expressly stated in these Terms, all fees are non-cancelable and non-refundable. Subscription fees are not refundable upon cancellation mid-term.

9.3 Pricing Changes. Blue may modify pricing for the Service at any time. Price changes will be communicated in advance and will take effect at the start of Customer’s next renewal period. If Customer does not accept the new pricing, Customer may cancel prior to renewal.

9.4 Suspension for Non-Payment. Blue may suspend access to the Service if any fees remain unpaid more than ten (10) days after the applicable due date. Suspension does not relieve Customer of any payment obligations.

9.5 Billing Authorization. By registering for the Service or submitting payment information, Customer authorizes Blue, directly or through its payment processors, to: (i) charge Customer’s payment method for all applicable fees; (ii) retry failed charges; (iii) issue refunds where applicable; and (iv) take other billing actions as necessary. Blue may make inquiries to validate payment information and may receive updated payment details from Customer’s card issuer, including updated card numbers and expiration dates.

9.6 Refund Policy. Blue offers a 30-day refund on Customer’s first purchase of a paid subscription, subject to the following conditions:

  • (a) The refund applies to first-time purchases only. It does not apply to renewals, upgrades, plan modifications, or subsequent purchases.
  • (b) Refunds are calculated on a pro-rata basis for the unused, unexpired portion of the subscription period.
  • © Refunds are issued in the original payment currency. Blue is not responsible for exchange rate differences, currency conversion fees, wire transfer fees, or other third-party charges.
  • (d) Blue reserves the right to decline refund requests made in bad faith, including where Customer has used the majority of the subscription period, has previously received a refund, or is seeking to avoid payment for services already rendered. Upon issuance of a refund and termination of Customer’s account, all outstanding payment obligations for services already used become immediately due.
  • (e) Lifetime deals or one-time purchases made through third-party marketplaces (such as AppSumo) are not refundable by Blue. Refund requests for such purchases must be directed to the applicable third-party marketplace.

9.7 Discounts and Promotions. Unless expressly stated in a separate, signed agreement between Blue and Customer, promotional or discounted pricing applies only to the specific subscription term for which it was granted and does not carry over to renewals, plan changes, or new fee categories. Full applicable pricing applies upon renewal or modification.

10. Data

10.1 User Information. Blue collects and processes User Information for the purpose of creating and managing accounts, providing the Service, and communicating with Users. Blue’s collection and use of User Information is governed by the Privacy Policy.

10.2 User Submissions. Customer retains ownership of all User Submissions. Customer grants Blue a non-exclusive, worldwide, royalty-free license to access, process, store, and use User Submissions solely to the extent necessary to provide, operate, maintain, and improve the Service and to fulfill Blue’s obligations under these Terms. Blue acquires no ownership rights in User Submissions by virtue of this license.

10.3 Service Data. Blue owns all Service Data. Blue may collect, use, analyze, and publish Service Data for any business purpose, including improving the Service, conducting research, and benchmarking, provided that such Service Data does not include User Submissions or User Information and cannot reasonably be used to identify Customer or any individual User.

10.4 Right to Monitor. Blue is not obligated to monitor Content stored on the Service. However, Blue has the right to access, review, and examine any Content stored on or transmitted through the Service, including file contents and User Submissions, for the purpose of: (i) operating and improving the Service; (ii) ensuring compliance with these Terms and the AUP; (iii) detecting and preventing abuse, fraud, or illegal activity; and (iv) complying with applicable law. Such review may be conducted through automated AI scanning, human review, or both, at any time and without prior notice to Customer. AI systems are used to flag potential violations; all enforcement decisions are made by humans. For clarity, this Section 10.4 grants a right of access and review and does not expand the license granted under Section 10.2.

10.5 Anonymous Information. Blue may collect, derive, use, and publish Anonymous Information generated by or arising from Customer’s use of the Service, for any business purpose, including analytics, product improvement, benchmarking, and public reporting. Blue owns all Anonymous Information. This Section 10.5 applies notwithstanding any other provision of these Terms, including confidentiality obligations.

10.6 No Sensitive Data. Customer shall not submit to the Service any special category data as defined under GDPR Article 9 (including racial or ethnic origin, political opinions, religious beliefs, health or biometric data, or data concerning sexual orientation), payment card data, or personal health information subject to HIPAA, unless Customer has entered into a separate Business Associate Agreement with Blue applicable to HIPAA data or has expressly subscribed to a plan that supports such data categories. Blue accepts no liability for Customer’s submission of prohibited sensitive data in violation of this Section.

10.7 Data Processing Agreement. By using the Service, Customer accepts the Data Processing Agreement (“DPA”), which governs Blue’s processing of personal data on Customer’s behalf. The DPA is incorporated into and forms part of these Terms. Customers requiring a countersigned DPA may request one at [email protected].

10.8 Data Portability. Customer may export its User Submissions in standard formats (CSV, JSON) using the Service’s export tools during the subscription period and within 30 days following termination, as described in Section 14.6.

10.9 Data Breach Notification. In the event Blue discovers a security incident that affects Customer’s data, Blue will notify Customer without undue delay. Specific notification timelines, procedures, and obligations are set forth in the DPA.

10.10 Sub-Processors. Blue maintains a list of authorized sub-processors to which it may transfer Customer data. Blue will notify Customers of material changes to the sub-processor list in accordance with the procedures set forth in our Data Processing Agreement. Customers may object to new sub-processors in accordance with the DPA. For additional information on data processing for EEA residents, see our GDPR Compliance page.

11. Confidentiality

11.1 Mutual Obligation. Each party (the “Receiving Party”) agrees to keep confidential any non-public information disclosed by the other party (the “Disclosing Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). Each party shall use Confidential Information solely to fulfill its obligations or exercise its rights under these Terms, and shall not disclose Confidential Information to any third party without the Disclosing Party’s prior written consent, except to its employees and contractors who have a need to know and are bound by confidentiality obligations at least as protective as these Terms.

11.2 Exceptions. Confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no fault of the Receiving Party; (ii) was known to the Receiving Party before disclosure without restriction; (iii) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information; or (iv) is lawfully obtained from a third party without restriction.

11.3 Government Requests. If the Receiving Party is required to disclose the Disclosing Party’s Confidential Information pursuant to a government or legal order, the Receiving Party shall: (i) require a valid court order or legally binding compulsion prior to disclosure; and (ii) promptly notify the Disclosing Party to the extent permitted by applicable law so that the Disclosing Party may seek a protective order or other remedy.

11.4 Survival. Confidentiality obligations under this Section survive termination or expiration of these Terms for a period of three (3) years, except with respect to trade secrets, for which confidentiality obligations shall survive indefinitely.

12. Intellectual Property

12.1 Customer Content. As between the parties, Customer retains all ownership and intellectual property rights in and to Customer’s User Submissions and Content. Nothing in these Terms transfers any ownership rights in Customer’s Content to Blue.

12.2 Blue Property. As between the parties, Blue retains all ownership and intellectual property rights in and to the Service, including its software, algorithms, user interface, design, branding, trademarks, trade names, logos, and Documentation. These Terms do not grant Customer any rights to Blue’s intellectual property other than the limited license set forth in Section 4.

12.3 Feedback. If Customer or any User provides suggestions, feedback, recommendations, or other input regarding the Service (“Feedback”), Customer grants Blue a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, and otherwise exploit such Feedback for any purpose, without any obligation or compensation to Customer or any User.

12.4 Customer Reference. Blue may use Customer’s name and logo to identify Customer as a user of the Service on Blue’s website, sales materials, and other marketing communications. Customer may opt out of this use at any time by emailing [email protected].

12.5 Third-Party Components. The Service may incorporate third-party software, open-source components, or other proprietary materials, each of which is subject to its own license terms. Blue makes no representations regarding such third-party components beyond those made by the applicable licensors.

13. Third-Party Services

13.1 Customer Risk. The Service may integrate with or enable access to third-party applications, services, or platforms (collectively, “Third-Party Services”). Customer’s use of Third-Party Services is at Customer’s sole risk and subject to the applicable third-party’s own terms of service and privacy policies. Blue is not responsible for the availability, performance, or content of any Third-Party Service.

13.2 No Blue Liability. Blue has no liability for any loss, damage, or claim arising from Customer’s use of or reliance on any Third-Party Service, including any failure of a Third-Party Service that affects Customer’s access to or use of the Service.

13.3 Sub-Processors. Blue’s current list of data sub-processors is set forth in the Data Processing Agreement and maintained on Blue’s website.

14. Term and Termination

14.1 Term. These Terms are effective from the date Customer first accesses the Service and remain in effect until terminated in accordance with this Section.

14.2 Termination by Blue. Blue may terminate or suspend Customer’s account and access to the Service immediately, without prior notice or liability, for any reason or no reason, including but not limited to: (i) Customer’s breach of these Terms or the AUP; (ii) non-payment of fees; (iii) security threats or risks to the Service or other users; (iv) Blue’s determination, in its sole discretion, that continued provision of the Service to Customer is no longer commercially viable; or (v) Customer’s abuse of promotional offers, lifetime deals, trial periods, or discounts. The foregoing reasons are illustrative and not limiting.

14.3 Suspension. In addition to termination rights, Blue may suspend Customer’s access to the Service, without terminating the agreement, in response to non-payment, security threats, or AUP violations. Suspension may be lifted at Blue’s discretion upon resolution of the triggering condition. Suspension is distinct from termination and does not relieve Customer of any payment obligations.

14.4 Termination by Customer. Customer may terminate its account at any time by cancelling its subscription through the account settings and exporting its data prior to the effective cancellation date.

14.5 Effect of Termination — Financial Obligations.

  • (a) If Blue terminates Customer’s account due to Blue’s material breach of these Terms, Blue will refund any unused prepaid fees attributable to the period following the termination date, on a pro-rata basis.
  • (b) If Customer’s account is terminated due to Customer’s breach of these Terms or the AUP, all remaining fees owed for the applicable subscription period become immediately due and payable and no refund will be issued.
  • © In all other termination scenarios, including Customer-initiated cancellation, no refunds are owed for unused portions of the subscription term.

14.6 Post-Termination Data. Following termination or expiration of Customer’s account, Blue will retain Customer’s data for 30 days during which Customer may request an export. Customer should request export promptly following termination. After the 30-day export window, Customer’s data will be deleted within 90 days, subject to any legal hold obligations or applicable law. Blue is not obligated to retain data for purposes of legal proceedings, except where required by applicable law. For details on data deletion procedures, see our Data Processing Agreement.

14.7 Survival. The following Sections survive termination or expiration of these Terms: Section 2 (Definitions), Section 9 (Payment, with respect to fees already due), Section 10.3 (Service Data), Section 10.5 (Anonymous Information), Section 11 (Confidentiality), Section 12 (Intellectual Property), Section 15 (Warranties and Disclaimers), Section 16 (Limitation of Liability), Section 17 (Indemnification), Section 18 (Dispute Resolution), and Section 21 (General).

15. Warranties and Disclaimers

15.1 Mutual Warranties. Each party represents and warrants that: (i) it has the legal authority to enter into these Terms; and (ii) its performance under these Terms does not violate any applicable law or any agreement to which it is a party.

15.2 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. BLUE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BLUE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM DEFECTS, OR THAT ANY PARTICULAR RESULTS WILL BE ACHIEVED THROUGH USE OF THE SERVICE.

16. Limitation of Liability

16.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF LEGAL THEORY AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Aggregate Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO BLUE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

16.3 Basis of the Bargain. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 16 REFLECT A REASONABLE ALLOCATION OF RISK, ARE REFLECTED IN THE PRICING OF THE SERVICE, AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE SERVICE WOULD NOT BE PROVIDED AT THE STATED PRICING WITHOUT THESE LIMITATIONS.

17. Indemnification

17.1 By Customer. Customer shall defend, indemnify, and hold harmless Blue and its officers, directors, employees, affiliates, and agents from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) Customer’s or any User’s use of the Service; (ii) Customer’s or any User’s breach of these Terms or the AUP; (iii) Customer’s or any User’s violation of applicable law; or (iv) Customer’s Content or User Submissions, including any claim that such Content infringes a third party’s intellectual property rights.

17.2 By Blue. Blue shall defend, indemnify, and hold harmless Customer from and against any third-party claim alleging that the Service, as provided by Blue and used in accordance with these Terms, infringes a third party’s valid patent, copyright, or trademark. If such a claim is made or reasonably anticipated, Blue may, at its option: (i) modify the Service to make it non-infringing; (ii) obtain a license permitting continued use; or (iii) terminate the affected portion of the Service and issue a pro-rata refund of prepaid, unused fees. Blue has no obligation under this Section 17.2 with respect to claims arising from: Customer’s modification of the Service; Customer’s combination of the Service with third-party products or services not authorized by Blue; or Customer’s use of the Service in a manner that violates these Terms.

17.3 Defense Assumption. The indemnifying party may assume exclusive control of the defense and settlement of any claim subject to indemnification, provided it notifies the indemnified party. The indemnified party shall reasonably cooperate with the defense at the indemnifying party’s expense and shall not settle any such claim without the indemnifying party’s prior written consent.

17.4 Indemnification Procedures. Each party’s indemnification obligations are conditioned upon the indemnified party: (i) providing prompt written notice of the claim; (ii) granting the indemnifying party control over the defense and settlement; and (iii) reasonably cooperating with the indemnifying party’s defense. Failure to provide prompt notice relieves the indemnifying party of its obligation only to the extent it is materially prejudiced by the delay.

18. Dispute Resolution

18.1 Informal Resolution. Before initiating formal proceedings, each party agrees to provide written notice of the dispute to the other party and make a good-faith effort to resolve the dispute informally. If the dispute is not resolved within sixty (60) days of delivery of the written notice, either party may proceed to arbitration as provided below.

18.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), conducted by a single arbitrator. The arbitration shall be seated in Wilmington, Delaware. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

18.3 Class Action Waiver. Each party agrees that any dispute resolution proceedings shall be conducted solely on an individual basis. Neither party shall seek to have any dispute heard as a class action, collective action, private attorney general action, or any other proceeding in which either party acts or proposes to act in a representative capacity.

18.4 Statute of Limitations. Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year of the date on which the claiming party knew or reasonably should have known of the act or omission giving rise to the claim. Any claim not brought within this period is permanently barred.

18.5 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Subject to the arbitration obligations set forth above, each party consents to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.

19. Changes to Terms

Blue may update these Terms at any time by posting a revised version on the Service. For material changes, Blue will provide reasonable notice, which may consist of a posting on the Service, a notice within the platform, or other communication Blue deems appropriate under the circumstances. Blue is not required to provide notice by email. Customer’s continued use of the Service following the effective date of any updated Terms constitutes acceptance of those Terms. If Customer does not agree to updated Terms, Customer must stop using the Service.

20. Document Hierarchy

In the event of a conflict between any documents governing Customer’s use of the Service, the following order of precedence shall apply, with documents listed first taking precedence over those listed after:

  1. Enterprise License Agreement (if applicable)
  2. Data Processing Agreement
  3. Acceptable Use Policy
  4. These Terms of Service
  5. Documentation and Pricing Page

21. General

21.1 Entire Agreement. These Terms, together with all documents incorporated by reference, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

21.2 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity or enforceability of the remaining provisions.

21.3 No Waiver. No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. No single or partial exercise of any right precludes any other or further exercise of that right or the exercise of any other right.

21.4 Assignment. Blue may assign or transfer these Terms or any of its rights or obligations hereunder, in whole or in part, without notice or consent, including in connection with a merger, acquisition, change of control, or sale of all or substantially all of Blue’s assets. Customer may not assign or transfer these Terms or any rights hereunder without Blue’s prior written consent, except that Customer may assign these Terms without consent to an entity that acquires all or substantially all of Customer’s business or assets, provided the assignee agrees in writing to be bound by these Terms.

21.5 Force Majeure. Neither party shall be liable for any failure or delay in performance to the extent caused by circumstances beyond that party’s reasonable control, including natural disasters, acts of government, war, terrorism, pandemics, epidemics, internet infrastructure failures, or other force majeure events, provided that the affected party provides prompt notice and uses reasonable efforts to resume performance.

21.6 No Agency. These Terms do not create any agency, partnership, joint venture, or employment relationship between the parties. Neither party has the authority to bind the other party to any obligation.

21.7 No Third-Party Beneficiaries. These Terms are entered into solely for the benefit of the parties. No third party has any right to enforce any provision of these Terms.

21.8 Electronic Communications. Customer consents to receive notices, agreements, disclosures, and other communications from Blue electronically, including via email, in-app notifications, and postings on the Service or Blue’s website. Customer agrees that such electronic communications satisfy any legal requirement that communications be in writing.

21.9 Notices to Blue. All legal notices to Blue must be sent in writing to [email protected]. Notices submitted through support channels or other email addresses do not constitute legal notice.

21.10 Language. These Terms were written in English. In the event of any conflict between an English version of these Terms and any translation, the English version controls.

21.11 Export Compliance. Customer shall comply with all applicable export control laws and regulations, including the U.S. Export Administration Regulations and any trade or economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control. Customer represents that Customer is not located in, or acting on behalf of, a person or entity located in, a country or territory subject to applicable sanctions, and is not on any U.S. government denied-party list.