USER AGREEMENT

THIS USER AGREEMENT (THIS “AGREEMENT”) DESCRIBES THE TERMS ON WHICH BLUEFAUCET INC. (HEREINAFTER REFERRED TO AS “BFI” OR “COMPANY”) OFFERS YOU ACCESS AS AN USER/MERCHANT/SALES/EMPLOYEE ON  WWW.BLUEFAUCET.COM AND ITS APP (“BLUEFAUCET”). BY PRESSING THE “SIGN IN” OR “SIGN UP” BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW, AND YOU WILL BE GRANTED BIG END USER STATUS. YOU DECLINE OUR OFFER AND MAY NOT PARTICIPATE IN ANY ACTIVITY AS AN END USER/MERCHANT/SALES.

TERMS AND CONDITIONS:

• Definitions. The following definitions apply to the terms as they appear in this Agreement:
  “The Program” (“Program”) means the software, products, or services provided by BFI.
  “BFI System” means the combination of client, merchants, and sales and database software that comprises the BLUEFAUCET network system.
  “The Service” means the service and data platform on which BlueFaucet activities take place as provided by the Program and/or the BFI System.

• Eligibility. Access is available only to adults (18 years of age or older), and, at their discretion, their minor children. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. By clicking the “I Accept” button and providing us with a mobile number, you represent that you are an adult and are either accepting this Agreement on behalf of yourself or your child. You may not transfer or share your access with anyone. You are liable for all activities conducted through your access to the Service. Corporations and other entities, or persons barred by applicable law from receiving access to the Service, are not eligible to procure access to the Service.
• Terms of License. The Program is licensed by BFI to you, subject to the terms of this Agreement. BFI grants you a nonexclusive, nontransferable, revocable license to load the Program onto your computer or smart mobile phone from the media provided (the “License”). In order to access the Service, you must (i) download BlueFaucet Program files which we may make available for direct download online; (ii) have a valid account; and (iii) have an Internet connection (which we do not provide) to access the Service. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service, and other costs you incur to access the Service. Neither this Agreement nor your BlueFaucet account entitles you to any subsequent releases of the Program, nor to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Program at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. In the case of the free trial or marketing promotion, you may obtain the Program to use for a limited period of time and/or customers; the License does not extend beyond the stated period of time or customer numbers.
• Copyright and Other Restrictions. United States copyright laws and international treaty provisions protect the Program from any unauthorized use. BFI retains all rights not expressly granted. None of the components of the Program (including the documentation) may be removed or altered, in whole or part, for any unauthorized use. You may not reverse engineer, translate, port, modify or make derivative works of the Program. You may not rent, disclose, publish, sell, assign, lease, sub-license, market, or transfer the Program or use it in any manner without the written consent of BFI. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Program by reverse engineering, disassembly, de-compilation, or any other means. Any issue that may arise from removal or alteration of the Program or component of the Program is solely your responsibility. Any violations in this section will automatically constitute a breach of this Agreement and the License.
• The Service. You understand and agree that BFI assumes no responsibility for the deletion, delivery inaccuracy, storage mishaps, miscalculation, or any form of failure that may occur in relation to the Service. Also, you agree to assume the first responsibility to safeguard access to your BlueFaucet account and hereby exempt BFI from any liabilities that may arise from any loss related to accessing the Service. Moreover, you agree that BFI may communicate to you in the form of, including but not limited to, newsletter, advertisement, and other promotional or marketing activities in the Service.
• Rules of the BFI System. To ensure a good service experience, both merchants and end users agree to comply with generally accepted standards of proper online behavior. BFI reserves the right to determine, in its sole discretion, what constitutes generally accepted standards of online behavior and may, without notice and at any time, suspend or terminate your access to the BFI System. While using the BFI System, you agree to use the BFI System only for lawful purposes. BFI reserves the right but does not assume the responsibility, to restrict conduct which BFI deems in its discretion to be harmful to individual end users, damaging to the communities which use the BFI System, or in violation of BFI’s or any third party’s rights. You acknowledge, however, that communication over the BFI System and the Internet often occurs in real-time and BFI cannot, and does not intend to, screen communication in advance. BFI reserves the right, as permitted by applicable law, to terminate, without notification or refund, any end user’s access to the Service for a chat or any player activity whatsoever that BFI, in its sole discretion, determines is inappropriate and/or in violation of the spirit of BlueFaucet as set forth in the BFI Code of Conduct.
• End User/Merchants Information. You agree to provide true, accurate, and complete information about yourself in the registration process and to continue to keep your information as current as possible by updating your profile. Upon your registration for the Service, you will be assigned an ID to identify yourself to others. You also have the option to create your own user name, BFI reserves the right to delete any vulgar or otherwise offensive user name, or to require the deletion thereof.
• Disclaimer of Warranty. To the maximum extent allowed by applicable law, BFI, its licensees, related third parties, and subcontractors do not warrant any connection to, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through the BFI System. YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM, ALL SOFTWARE DISTRIBUTED BY BFI, AND THE INTERNET ARE AT YOUR SOLE RISK. THE PROGRAM AND ALL SOFTWARE DISTRIBUTED BY BFI ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. BFI DISCLAIMS ALL WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE BFI SYSTEM, ALL SOFTWARE DISTRIBUTED BY BFI, AND THE INTERNET. BFI ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY THE END USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BFI, ITS LICENSORS AND SUBCONTRACTORS, OR USER’S OWN ERRORS AND/OR OMISSIONS.
• Limitation of Liability. IN NO EVENT SHALL WE, BE LIABLE TO CLIENTS OR MERCHANTS OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE PROGRAM, YOUR ACCOUNT, THE SERVICE, THE BFI SYSTEM OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $30. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
• Indemnification. Upon request of BFI, you agree to defend, indemnify and hold harmless BFI, its affiliated companies, licensees, and distributors from all liabilities, claims, losses and expenses, including attorneys’ fees, arising from breach of this Agreement or the License. BFI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
• Specification. You agree to actively observe the minimum requirements, including but not limited to, hardware, software and internet connection, that are needed to make viable the Program and the Service. These requirements may change, evolve or be amended over time. BFI reserves the rights to raise or amend the requirements at any time without notice.
• Access. You are responsible to maintain and manage your subscription to the Service and, thus, your access to the Service. Failure to deliver a payment or complete a transaction on time may result in suspension, cancellation or inactivation of your access to and/or license to use the Service. Upon cancellation, BFI will retain only limited customer information and data. End users who have ceased to subscribe to the Service or parties whose access to the Service has been suspended and/or terminated may not engage in any form and way of usage to the Service unless otherwise exempted by BFI.
• Free Trial Program
  • Offer of Service: BlueFaucet is a subscription-based service application, the specifics of which, including associated fees, are delineated on the Charge Page of the BlueFaucet website or application interface. It is to be noted that BlueFaucet adheres to a strict no-refund policy.
  • Trial Offer: BlueFaucet offers a 30-day Free Trial program for new merchants (hereinafter referred to as the “Trial Period”). During the trial period, merchants are granted full access to BlueFaucet’s services which include the ability to build their store, create promotions, and invite customers to join their membership, all free of charge.
  • Continuation Post-Trial: Upon the completion of the Trial Period, should a merchant’s customer base not exceed fifty (50) customers, said merchant shall be entitled to continued, complimentary access to BlueFaucet’s services under the conditions initially provided.
  • Exceedance of Customer Limit: Should a merchant’s customer base exceed fifty (50) customers during or subsequent to the Trial Period, the merchant is obliged to transition to a paid subscription model to maintain full service functionality. In the event of non-compliance, BlueFaucet reserves the unequivocal right to restrict merchant access to customer information beyond the initial fifty (50) customer threshold.
  • Subscription Cessation: In instances of termination or cessation of a paid subscription, the merchant shall be subject to the same customer access restrictions as outlined above.
  • Data Retention: In accordance with the terms of this Agreement, BlueFaucet will perform routine backups of merchant data as part of our standard operational procedures during the period of active subscription. However, upon termination or expiration of a merchant’s paid subscription, whether due to non-renewal or for any other reason, BlueFaucet will retain information for only the first 50 customers that was stored or maintained under the merchant’s account. Any additional customer data beyond the first 50 will be removed and cannot be restored, even if the merchant later decides to renew their paid subscription. It is the merchant’s responsibility to back up any additional customer data to prevent loss. Merchants are advised to secure and maintain their own backups of all customer data to avoid any loss of information resulting from the termination of services.
• Consequences for Accounts Past Due
  • Financial Commitments: Merchants engaged with BlueFaucet are mandated to adhere to the stipulated payment schedules as delineated in their service agreements. Non-compliance or delinquency in financial obligations may result in temporary suspension or termination of services.
  • Interruption of Service: In the event of a past due account, access to the BlueFaucet services may be suspended until such time as the outstanding financial obligations are rectified in full.
  • Data Retention and Deletion:  If an account remains past due beyond a reasonable grace period as deemed by BlueFaucet, the company maintains the right, at its sole discretion, to remove all or parts of customers’ data from its database. This includes, but is not limited to, customer databases, store configurations, and promotional materials.
  • Service Reinstatement: Merchants seeking to reinstate services following a suspension or termination due to non-payment must settle all outstanding balances and may be subject to a reinstatement fee.
• Termination. Either you or BFI may terminate this Agreement and the License at any time. Your only right with respect to any dissatisfaction with any License term or policy or practice of BFI in operating the BFI System or change therein is to terminate this Agreement and the License by notifying BFI Support Staff of your desire to terminate and confirming such request in writing or electronically if requested. Your notice of termination will be effective upon receipt by BFI or upon receipt of confirmation if confirmation is requested. In the case of a failure by making any payment when due, BFI reserves the right to suspend and/or terminate such user’s access to the Service without prior notification. BFI is not required to notify or disclose to you the reason for suspension and/or termination. BFI will not provide any information which not authorized by end users.
• Third Party Products and BFI System. BFI does not endorse, warrant or guarantee any product or service offered through the BFI System by any third party or merchants, will not be a party to or in any way monitor any transaction between you and third-party providers or merchants of products and will not bear any responsibility for their products, policies or actions.
• Data in BFI System. We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer you load the Program onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service, the Program and any services or software which may in the future be provided by us or on our behalf. Solely for the purpose of patching and updating the Service, you hereby grant us permission to (i) upload Program file information from the Program directory and (ii) download Program files to you. You acknowledge and agree that we may transfer your BlueFaucet account information (including your personally identifiable information and personal data) to the United States or other countries or may share such information with our licensees and agents in connection with the Service.
• Uploading Materials to BFI System. As part of your access to the Service, you can upload content to our servers in various forms, such as products, pictures, prices, promotions, logos, information, and services, to the BFI System (collectively, your “Content”). Your Content shall not: (i) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (ii) violate any law or regulation; (iii) be defamatory, obscene, child pornographic, or harmful to minors; or (iv) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We reserve the right to review, modify, or remove your Content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content. In cases of copyright claims, we adhere to the Digital Millennium Copyright Act (DMCA). Any claims should be directed to privacy@bluefaucet.com
• General Provisions. You may not use, modify, sub-license, rent, sell, assign or transfer the license granted pursuant to this Agreement or the License except as expressly provided in this Agreement. Any assignment in violation of this Agreement or the License is void. If any provision of this Agreement or the License is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability; (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. The paragraph headings contained in this Agreement are for the purposes of convenience only and are not intended to define or limit the contents of said paragraphs. BFI and you are independent contractors under this License. BFI’s failure to enforce at any time any of the provisions of this Agreement or the License shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by BFI of any provision, condition, or requirement of this Agreement or the License shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay, or failure to perform on the part of BFI shall be considered a breach of this Agreement if such default, delay, or failure to perform is shown to be due to causes beyond the reasonable control of BFI. This Agreement is governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within California between California residents and US residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in Washington and further agree that any cause of action relating to this Agreement shall be brought in the state and federal courts in the County of Seattle, State of Washington. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof.
• Modification of this Agreement. BFI reserves the rights to modify, update and correct the content of this Agreement at any time without any obligation to inform the users of the changes. It is the responsibility of individual users to check this document regularly to observe any changes if so desired. BFI does promise to track the changes of this Agreement by specifying the date of uploading it to the BlueFaucet.

You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Agreement represents the complete and exclusive statement of the agreements concerning the Program and the Service and supersedes all prior agreements between the parties.