Terms of Service

1. Eligibility and Account Registration

• You must be at least 18 years old and capable of forming a binding contract to use the Services.
• To access certain features, you must register for an account and provide accurate, complete information.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
• You must promptly update your account information to keep it accurate and notify us of any unauthorized use.

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2. Services and License

Subject to these Terms and your payment of applicable fees, Blu grants you a limited, non‑exclusive, non‑transferable, non‑sublicensable license to access and use the Services for your internal business purposes.

You agree not to:

• Reproduce, modify, distribute, lease, or resell the Services, except as expressly permitted;
• Reverse engineer or attempt to derive source code from the Services, except to the extent permitted by law;
• Use the Services to build a competing product or service or to benchmark for competitive purposes.

We may update or modify the Services from time to time. If we make material changes that negatively impact your use, we will use reasonable efforts to notify you in advance.

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3. Subscriptions, Fees, and Billing

• Certain features of the Services are offered on a subscription basis. Fees, plan tiers, and features are described on our pricing page or in an order form.
• You authorize Blu (or our payment processor) to charge your selected payment method for subscription fees, applicable taxes, and any other charges you incur in connection with the Services.
• Unless otherwise stated, subscriptions auto‑renew at the end of each billing period at the then‑current rates. You can cancel auto‑renewal in accordance with Section 9 (Termination) below.
• You are responsible for all taxes associated with your subscription and use of the Services, except for taxes based on our net income.

We may change our pricing or introduce new charges from time to time. We will provide advance notice of any price changes that apply to your existing subscription, and such changes will take effect at the start of the next billing period.

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4. Refunds and Cancellation

We may offer a 30‑day money‑back guarantee or other refund arrangements as described on our Site or in an order form.

• Any refund policies that apply to your subscription will be described in your order, the pricing page, or an applicable agreement.
• Except as expressly stated, fees are non‑refundable, including for partial billing periods or unused Services.

To cancel your subscription, follow the instructions in your account settings or contact support@bluapps.net before your next renewal date. Cancellation will take effect at the end of the current billing period unless otherwise agreed.

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5. Payment Processing and Merchant Services

Blu may integrate with one or more third‑party payment processors (e.g., Stripe or other processors) to enable you to accept payments from your customers.

• You may be required to enter into a separate agreement with the payment processor, and your use of payment processing services is subject to that processor’s terms and policies.
• Blu is not a bank, financial institution, or money transmitter, and we do not hold or control funds on your behalf except as explicitly stated in a separate agreement.
• Cardholder and payment information is typically processed directly by the payment processor. You agree not to store card data in the Services except as permitted by applicable card network and PCI‑DSS requirements.

If Blu offers bundled "merchant services" or acts as a pay‑facilitator, additional terms may apply and will be provided separately or referenced in an order form.

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6. Acceptable Use

You must use the Services in compliance with all applicable laws and regulations, including those related to:

• Payment processing and card network rules;
• Consumer protection and privacy;
• Anti‑money laundering, sanctions, and export controls.

You may not use the Services to:

• Conduct or promote illegal, fraudulent, or high‑risk activities;
• Sell prohibited or restricted products or services (such as those banned by card networks or applicable law);
• Infringe or misappropriate the rights of others;
• Interfere with or disrupt the integrity or performance of the Services.

We may suspend or terminate your access to the Services if we reasonably believe you are violating these requirements.

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7. Data, Privacy, and Security

7.1 Your Data

"Your Data" includes the information you provide or collect through the Services (e.g., product catalogs, transaction records, customer and staff information, inventory and configuration data).

• You retain all rights to Your Data, subject to the licenses granted in these Terms.
• You grant Blu a worldwide, non‑exclusive license to host, use, process, store, transmit, and display Your Data as necessary to provide and improve the Services and to comply with law.

We may use aggregated or de‑identified data derived from Your Data to operate and improve our Services, provided that such data does not identify you or your customers.

7.2 Personal Information and Data Processing

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

Where required by law (e.g., when we process your customers’ personal data on your behalf), we will enter into a separate data processing agreement or similar terms defining our respective roles and obligations regarding personal information.

7.3 Security

We implement technical and organizational measures designed to protect Your Data. You are responsible for:

• Configuring and using the Services in a secure manner;
• Maintaining the security of your devices and networks;
• Managing user access and credentials within your organization.

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8. Intellectual Property

The Services, including all related software, interfaces, designs, text, graphics, logos, and other content, are owned by Blu or our licensors and are protected by intellectual property laws.

Except for the limited license in Section 2, these Terms do not grant you any rights to our or our licensors’ intellectual property.

You may provide feedback or suggestions about the Services. We may use this feedback without restriction or obligation to you.

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9. Term and Termination

These Terms apply from the time you first access the Site or Services and continue until terminated.

• You may terminate your subscription as described in Section 4 (Refunds and Cancellation) or in your order form.
• We may suspend or terminate your access to the Services if:
  • You materially breach these Terms and fail to cure within a reasonable period after notice;
  • You fail to pay fees when due;
  • We are required to do so by law or a third‑party provider.

Upon termination:

• Your right to use the Services ceases;
• We may delete or disable access to Your Data after a reasonable retention period, subject to legal obligations;
• Certain provisions of these Terms that by their nature should survive will continue to apply (e.g., payment obligations, disclaimers, limitations of liability, indemnities).

You are responsible for exporting Your Data before termination where possible.

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10. Disclaimers

The Site and Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.

Without limiting the foregoing, we do not warrant that:

• The Services will be uninterrupted, error‑free, or secure;
• The Services will meet your requirements or achieve any specific business results;
• Data or content will be accurate or complete.

Any uptime or performance targets described in marketing materials are goals, not guarantees, unless expressly set out in a separate, signed service level agreement (SLA).

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11. Limitation of Liability

To the maximum extent permitted by law:

• Blu will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with these Terms or your use of the Services, even if we have been advised of the possibility of such damages.
• Blu’s total aggregate liability for all claims arising out of or related to these Terms or the Services will not exceed the greater of:
  • The amounts you paid to Blu for the Services during the 12‑month period preceding the event giving rise to the claim; or
  • USD $1,000.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

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12. Indemnification

You agree to indemnify and hold harmless Blu and our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Services;
• Your violation of these Terms or applicable law;
• Any content or data you upload or process through the Services;
• Your relationship with your customers, including any disputes related to transactions or products/services you offer.

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13. Governing Law and Dispute Resolution

These Terms are governed by the laws of Louisiana, without regard to its conflict of laws rules.

Any disputes arising out of or relating to these Terms or the Services will be resolved in the courts located in Gretna, Louisiana, and you consent to the personal jurisdiction of those courts.

Where applicable law requires other dispute mechanisms (e.g., arbitration or specific consumer rights), we may adopt additional terms to comply with those requirements.

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14. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated version on the Site and update the "Last updated" date. If we make material changes, we will use reasonable efforts to provide additional notice (e.g., email or in‑app notice).

Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of those Terms.

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15. Miscellaneous

• Entire agreement: These Terms, together with any order forms and additional policies or agreements referenced (such as our Privacy Policy and any data processing agreement), constitute the entire agreement between you and Blu regarding the Services.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be a waiver of such right or provision.

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16. Contact Us

If you have any questions about these Terms, please contact us at:

BluPay, Inc.
Attn: Legal
Email: legal@bluapps.net