USER AGREEMENT

Last Update: Mar 1, 2025

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.

1. 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) only.  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 platform or source provided by BFI (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.

Both this Agreement and your BlueFaucet account entitle you to use the most updated version of the Program. We may update or otherwise enhance the Program at any time, and these updates will be available to you regardless of whether you are in the free trial period.

• 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 is not responsible for any issues related to the Service, including but not limited to the deletion of data, delivery inaccuracies, storage failures, miscalculations, or other operational errors.

You agree to take primary responsibility for safeguarding access to your BlueFaucet account. For any losses or damages arising from your use of the Service, BFI’s liability is governed solely by the terms outlined in the “Limitation of Liability” section of this Agreement.

Additionally, you consent to receiving communications from BFI, including but not limited to newsletters, advertisements, promotional content, and other marketing activities within the Service.

• Rules of the BFI System. To ensure a positive and professional service experience, merchants, clients and sales must adhere to generally accepted standards of proper online behavior. BFI reserves the right, at its sole discretion, to define these standards and enforce them as necessary. Failure to comply with these standards may result in the suspension or termination of your access to the BFI System without prior notice.

When using the BFI System, you agree to:

• • Use the system only for lawful purposes and refrain from any activities that could harm other users or the integrity of the platform.
  • Avoid conduct that BFI determines, at its sole discretion, to be harmful, disruptive, or damaging to individual users, communities, or the BFI System itself.
  • Refrain from any actions that infringe on the rights of others, including but not limited to intellectual property rights, contractual rights, or community standards.

BFI does not pre-screen communications or activities occurring over the system, as interactions often occur in real-time. However, BFI retains the right, as permitted by applicable law, to restrict or remove any content, communication, or behavior it deems inappropriate or in violation of the spirit of BlueFaucet. This includes, but is not limited to, termination of access for chat, promotional activities, or other interactions that are disruptive or abusive.

By using the BFI System, you acknowledge and accept that BFI’s enforcement decisions are final and binding. You further agree to indemnify BFI for any claims or damages resulting from your non-compliance with these rules.

• Clients/Merchants/Sales 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 with others. You also have the option to create your own username, BFI reserves the right to delete any vulgar or otherwise offensive username, or to require the deletion thereof.

2. Data Ownership and Sharing

• Platform Data Ownership: Customers who register on the BlueFaucet platform retain ownership of their personal data, subject to our Privacy Policy. BlueFaucet retains ownership of all aggregated, anonymized, and platform-wide usage data.
• Merchant Data Usage: When a customer joins a merchant’s membership program, relevant membership-related data (e.g., contact info, transaction history with the merchant, loyalty points, and preferences) may be shared with the respective merchant for operational purposes. However, merchants do not own customer accounts or have rights to data beyond their business interactions.
• Revocation of Data Access: Customers may revoke a merchant’s access to their membership-related data at any time by adjusting their privacy settings within the platform or by contacting privacy@bluefaucet.com.
• Third-Party Limitations: Merchants and third parties are prohibited from selling, transferring, or using customer data beyond the scope of the membership program and must comply with applicable data privacy laws.

3. Merchant Communications & Marketing

• Permitted Communications: Merchants may send promotions, invitations, and marketing communications only to customers who have explicitly joined their membership program.
• Compliance with Privacy Laws: All marketing communications must comply with applicable privacy laws, including but not limited to opt-in and opt-out requirements.
• Opt-Out Mechanism: Customers must be provided with a clear opt-out option to discontinue receiving marketing communications from a merchant.
• Restrictions on Non-Members & Third Parties: Merchants may not send unsolicited promotions to non-members or use customer data for third-party marketing.

4. 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.

5. Limitation of Liability.

To the fullest extent permitted by applicable law, our liability to you for any claims arising out of or related to this Agreement, the Service, or the BFI System is limited to the amount you have paid to us for the Service in the past 12 months, up to a maximum of $1,000. This limitation applies to all claims, including but not limited to lost profits, special, incidental, indirect, punitive, or consequential damages. This limitation does not apply to liability for gross negligence, fraud, willful misconduct, or any other liability that cannot be excluded or limited under applicable law.

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.

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.

You are responsible for maintaining and managing your subscription to the Service, including timely payments and transactions. Failure to comply may result in the suspension, cancellation, or deactivation of your access and/or license. Upon cancellation, BFI will retain only limited customer information and data. It is solely your responsibility to back up your data to prevent loss. Users whose access has been suspended or terminated may not use the Service unless otherwise authorized by BFI.

9. Termination

Either you or BFI may terminate this Agreement and the associated License at any time. To terminate, you must submit a termination request through the designated BFI system or support channels. Termination will take effect upon confirmation from BFI. Termination takes effect upon confirmation from BFI. No refunds will be provided for unused subscription periods, but access will continue until the current subscription term ends. Upon termination, your account will revert to the Free Trial Program unless you formally opt out. Data and access limitations will apply per the Free Trial Program terms.

10. THIRD-PARTY PRODUCTS AND BFI SYSTEM

BlueFaucet Inc. (BFI) does not endorse, warrant, or guarantee any product or service offered by third-party providers or merchants through the BFI System. All products and services provided by third parties are solely their responsibility, and BFI is not a party to, nor does it monitor, any transactions between users and third-party providers.

BFI expressly disclaims any liability for:

• The quality, safety, legality, or suitability of any third-party product or service offered through the BFI System.
• Misrepresentations, omissions, or false advertising by third parties or merchants.
• Payments, refunds, or financial disputes, which are strictly between merchants and customers.
• Any disputes, claims, or issues arising from transactions facilitated through the BFI System.

While BlueFaucet may offer general assistance in understanding issues, it has no authority or obligation to intervene in disputes between users, merchants, or customers.

Additionally, BFI is not responsible for ensuring that third-party products or services comply with applicable laws and regulations. It does not assume liability for any damages, losses, or inconveniences arising from interactions with third-party providers. Users are solely responsible for conducting due diligence, verifying information, and resolving disputes directly with the respective merchant or service provider.

11. Uploading Materials to BFI System.

As part of your access to the Service, you may upload content to our servers in various forms, including but not limited to products, pictures, prices, promotions, logos, information, and services (collectively, your “Content”).

Your Content must adhere to the following guidelines and shall not:

• • Infringe on any third-party intellectual property, proprietary, or publicity rights.
  • Violate any applicable law or regulation.
  • Contain defamatory, obscene, or otherwise offensive material, including content harmful to minors.
  • Include viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programming routines intended to damage, interfere with, or intercept systems or data.

BFI reserves the right to review, modify, or remove your Content if it is deemed to:

• • Create liability for BFI.
  • Disrupt or threaten the integrity of the Service.
  • Jeopardize relationships with internet service providers or other suppliers.
  • By uploading Content, you grant BFI a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all intellectual property rights associated with your Content in any media, whether currently known or developed in the future.

In the event of copyright infringement claims, BFI adheres to the Digital Millennium Copyright Act (DMCA). Claims should be submitted to support@bluefaucet.com.

12. General Relationships

Merchants: The relationship between BlueFaucet and merchants is that of independent contractors. Merchants are solely responsible for their business operations, compliance with applicable laws, and interactions with customers. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employer-employee relationship between BlueFaucet and merchants. BlueFaucet provides tools and services to merchants but does not exercise control over their business practices.

Clients: The relationship between BlueFaucet and its customers is that of a service provider and client. Customers are granted access to the BlueFaucet platform and services in accordance with the terms of this Agreement. BlueFaucet is not responsible for disputes, claims, or interactions between customers and merchants using the platform. Such matters are solely between the involved parties.

Sales Referral Program Participants: Participants act as independent contractors. They are not employees, agents, or partners of BlueFaucet. As independent contractors, participants are responsible for their own taxes, expenses, compliance with applicable laws, and any liabilities arising from their activities. BlueFaucet provides guidelines and resources for their efforts but does not exercise direct control over how participants conduct their activities.

13. General Provisions

You may not use, modify, sub-license, rent, sell, assign, or transfer the license granted under this Agreement except as expressly provided herein. Any attempt to assign or transfer this Agreement or the License in violation of these terms is void. If any provision of this Agreement or the License is deemed unenforceable, that provision shall be adjusted only to the extent necessary to make it enforceable, without affecting the enforceability of any other provisions or the Agreement as a whole.

The paragraph headings in this Agreement are included for convenience only and do not limit or define the content of the provisions. BlueFaucet and you are independent contractors under this Agreement, and nothing in this Agreement shall be construed to establish any other relationship.

The failure of BlueFaucet to enforce any provision or right under this Agreement at any time does not constitute a waiver of that provision or right. Any waiver by BlueFaucet must be in writing to be effective and shall not constitute a waiver of any future obligation.

BlueFaucet is not responsible for delays or failures to perform resulting from circumstances beyond its reasonable control, including but not limited to acts of God, governmental actions, labor disputes, and interruptions in Internet services.

This Agreement is governed by the laws of the State of Washington, without regard to its conflict of law principles. The UN Convention on Contracts for the International Sale of Goods is expressly excluded. Any disputes arising under this Agreement shall be resolved exclusively in the state or federal courts located in Seattle, Washington. This Agreement constitutes the entire understanding between you and BlueFaucet regarding its subject matter and supersedes all prior agreements and understandings.

14. Modification of this Agreement.

BFI reserves the right to modify, update, or correct the content of this Agreement at any time. For significant changes, BFI will endeavor to notify users through the BlueFaucet website, application, or other communication channels. Users are responsible for reviewing the Agreement periodically to stay informed.

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.