Bluefaucet free trial program agreement

BLUEFAUCET FREE TRIAL PROGRAM AGREEMENT

Effective Date: Dec 12, 2025

THIS FREE TRIAL PROGRAM AGREEMENT (THIS “AGREEMENT”) DESCRIBES THE TERMS ON WHICH BLUEFAUCET, INC. (“BLUEFAUCET,” “WE,” “US,” OR “OUR”) OFFERS THE FREE TRIAL ACCESS TO THE BLUEFAUCET PLATFORM (THE “SERVICE”). BY CLICKING “START FREE TRIAL,” CREATING AN ACCOUNT, OR USING THE SERVICE DURING THE FREE TRIAL, MERCHANT AGREES TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE. YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THE MERCHANT.

1. DEFINITIONS

“Merchant” means the business using BlueFaucet.
“Member” means the Merchant’s end-customer in the Merchant’s membership database.
“Service” means the BlueFaucet platform and features listed on the Pricing/Plans page.

2. ELIGIBILITY; BUSINESS USE; ONE TRIAL

Available to new U.S. Merchants acting for business purposes only.
One Trial. One Free Trial per Merchant (including affiliates under common control). Creating multiple accounts to circumvent limits is prohibited.

3. FREE TRIAL LICENSE; PERMITTED USE

Subject to this Agreement, BlueFaucet grants a limited, non-exclusive, non-transferable, revocable license to access and use the Service during a 30-day Free Trial (Employee Accounts excluded).
Permitted Use. Merchant may invite unlimited members; send coupons, promotions, and invitations; and accept payments through the Service.

4. POST-TRIAL ACCESS; REVERSION

Fifty (50) or fewer Members. If the Member count is fifty (50) or fewer at the end of the Free Trial, complimentary access continues on the same Free-Trial conditions (Employee Accounts excluded).
More than fifty (50) Members. If the Member count exceeds fifty (50) at the end of the Free Trial (or at any time thereafter without an active paid subscription), the Merchant must upgrade to a paid subscription to maintain full functionality. Until upgraded, records beyond the first fifty (50) are not retained.
Lapse of paid subscription. If a paid subscription later lapses, access reverts to Free-Trial-level conditions and only the first fifty (50) Members are retained.

5. DATA DELETION; EXPORT; BACKUP

Grace Period. If the Merchant does not subscribe within seven (7) days after the Free Trial ends, all Member records exceeding the first fifty (50) will be permanently deleted and cannot be restored.
Manual Retrieval Only. Merchant acknowledges that the Service does not provide automated tools for the bulk export or transfer of data (e.g., CSV downloads, Excel files, or API access). While Merchant retains ownership of its Customer Data, Merchant is solely responsible for manually retrieving or recording such data via the Service interface (e.g., by manual transcription or copy-paste) prior to any deletion or termination.
No Obligation. BlueFaucet is under no obligation to format, compile, or migrate data for Merchant’s use on third-party platforms.

6. MEMBER COUNT; TIMING

“Member count” means unique Member records determined by unique email, phone, or platform Member ID.
Count is measured at 11:59:59 p.m. PT on the last day of the Free Trial (and thereafter when BlueFaucet verifies subscription status).
If retention is limited, BlueFaucet keeps the earliest-created Member records (by join timestamp) and removes the rest.

7. PRIVACY; DATA OWNERSHIP (BY REFERENCE)

Privacy Policy Controls. Data ownership and all data-handling practices during the Free Trial are governed by BlueFaucet’s Privacy Policy, which is incorporated by reference.
If this Agreement conflicts with the Privacy Policy on data ownership or data handling, the Privacy Policy controls.
Payment processing and data handling by third-party processors (e.g., Stripe) are governed by their terms; BlueFaucet does not store payment credentials.

8. MERCHANT RESPONSIBILITIES (CUSTOMER INFORMATION)

Implement reasonable administrative and technical safeguards; limit access to authorized personnel.
Obtain and honor legally required messaging consents (e.g., CAN-SPAM, TCPA, state analogs).
Do not store payment card numbers (PAN/CVV), bank account numbers, SSNs, PHI, or other sensitive data in free-text fields.
If connecting third-party tools, Merchant is solely responsible for those systems and their practices.
Notify BlueFaucet without undue delay (within 48 hours) of any suspected or actual incident involving Merchant’s account and cooperate in remediation.

9. THIRD-PARTY SERVICES; PAYMENTS

Payments are processed by third parties (e.g., Stripe). Bank processing times, settlement schedules, and ACH returns are determined by processors and banks and may delay funds. BlueFaucet does not store bank account numbers or full card PANs and is not liable for such delays or reversals.

10. AVAILABILITY; SUPPORT; NO SLA

The Service may be unavailable for maintenance/updates. No uptime SLA applies during the Free Trial. Support is provided on a reasonable-efforts basis via in-app resources and help channels.

11. PROGRAM UPDATES; ABUSE; SUSPENSION; TERMINATION

BlueFaucet may modify or update the Free Trial (including duration, features, or eligibility) at any time and communicate changes via the website/app. BlueFaucet may suspend or terminate Free Trial access for any reason or no reason, including suspected abuse, excessive load, malicious activity, or violation of this Agreement, the User Agreement, or the Privacy Policy.

12. DISCLAIMERS; LIMITATION OF LIABILITY (FREE TRIAL)

AS-IS. THE SERVICE IS PROVIDED DURING THE FREE TRIAL “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT). BLUEFAUCET IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO PARTICIPATION IN THE FREE TRIAL.
To the extent any liability cannot be excluded under applicable law, BlueFaucet’s aggregate liability related to the Free Trial will not exceed USD $100.
Carve-outs. Nothing here limits liability for fraud, willful misconduct, or where liability cannot be limited by law.

13. GOVERNING LAW; DISPUTE RESOLUTION

This Agreement is governed by the laws of the State of Washington, without regard to conflict-of-laws rules; the CISG does not apply. Before any formal proceeding, the parties will attempt to resolve disputes in good faith within 30 days after written notice. Except for equitable relief/small claims, disputes will be resolved by binding arbitration administered by the AAA under its Commercial Rules in Seattle, Washington, before one arbitrator, in English. Class Action Waiver: claims may be brought only individually. Either party may seek temporary/injunctive relief or bring a claim in small claims court in King County, Washington. For proceedings permitted in court, the parties consent to the exclusive jurisdiction and venue of state and federal courts in King County, Washington.

14. NOTICES; ELECTRONIC COMMUNICATIONS

Merchant consents to electronic communications and records. BlueFaucet may provide notices via email or in-app messages to the addresses in the account.

15. ASSIGNMENT; MISCELLANEOUS; ORDER OF PRECEDENCE

Merchant may not assign this Agreement without BlueFaucet’s prior written consent; BlueFaucet may assign to an affiliate or in connection with a corporate transaction. No third-party beneficiaries. Severability and written waiver apply. This Agreement, together with the User Agreement, Privacy Policy, and (if purchased) the Subscription Agreement, is the entire Free Trial understanding. Notwithstanding anything to the contrary, for privacy/data-handling matters (including ownership, processing, retention, and de-identification), the Privacy Policy controls. SHORT UI CONSENT: “By starting your Free Trial, you agree to the User Agreement, Privacy Policy, and this Free Trial Program Agreement.”