Terms of Service

1. Agreement to These Terms

These Terms of Service (the “Terms”) are a binding agreement between you and Bluefyn (“Bluefyn”, “we”, “us”, or “our”). They govern your access to and use of the bluefyn.ai website, its subdomains, and any content, tools, documentation, application programming interfaces (“APIs”), and related services we make available through it (together, the “Site”).

By accessing or using the Site (whether by browsing, clicking to accept, creating an account, submitting a form, calling an API, or otherwise interacting with it), you agree to be bound by these Terms. If you do not agree, do not access or use the Site. These Terms apply to every visitor and user, including prospective customers, individual employees or representatives of a customer, trial and evaluation users, API consumers, and anonymous visitors, regardless of whether you have signed any separate written agreement with us.

2. Relationship to Other Agreements

If you or the organization you represent has entered into a separate written agreement with Bluefyn governing the purchase or use of our products, such as a Master Services Agreement, order form, or subscription agreement (each, an “MSA”), that MSA governs the commercial relationship and the services described in it. In the event of a direct conflict between these Terms and a signed MSA with respect to the subject matter of that MSA, the MSA controls for the parties to it.

These Terms are not a substitute for an MSA and do not grant any right to a paid product or service. They govern use of the Site itself and apply to everyone who accesses it, including individuals who are not parties to any MSA. Where no MSA exists, or for any conduct on the Site not addressed by an MSA, these Terms apply in full.

3. Eligibility and Authority

You must be at least 18 years old and capable of forming a binding contract to use the Site. If you use the Site on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” refers to that entity. You may not use the Site if you are barred from doing so under applicable law or are subject to sanctions or export restrictions that would prohibit such use.

4. Accounts and Security

Some features of the Site may require an account or access credentials. If you create an account or receive credentials, you agree to provide accurate information, to keep your credentials confidential, and to be responsible for all activity that occurs under your account. You must notify us promptly at the contact address below if you suspect any unauthorized use of your account or credentials. We are not liable for any loss arising from your failure to safeguard your credentials.

5. Acceptable Use

You agree that you will not, and will not attempt to, and will not permit others to:

• access, scrape, crawl, harvest, or index any part of the Site or its content by automated means except as expressly permitted by us in writing or through a published API in accordance with these Terms;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, models, or structure of any part of the Site or our products, except to the extent that restriction is prohibited by applicable law;
• copy, frame, mirror, republish, sell, rent, lease, or otherwise commercially exploit any part of the Site or its content without our prior written consent;
• circumvent, disable, or interfere with any security, rate-limiting, access-control, or authentication feature of the Site;
• introduce any virus, malware, or other harmful code, or use the Site to transmit unsolicited or unlawful communications;
• probe, scan, or test the vulnerability of the Site or breach or circumvent any security or authentication measures without our prior written authorization;
• use the Site to infringe the intellectual property or other rights of any third party, or in violation of any applicable law or regulation;
• impose an unreasonable or disproportionately large load on our infrastructure, or otherwise disrupt or impair the integrity or performance of the Site.

6. API Access

If we make an API available, your use of it is subject to these Terms and any additional documentation, scopes, quotas, or rate limits we publish or assign. API keys and tokens are issued to you for your use only; you are responsible for keeping them confidential and for all activity conducted with them. We may modify, throttle, suspend, or discontinue any API, in whole or in part, at any time, and we may revoke access that we reasonably believe is being used in violation of these Terms.

7. Intellectual Property

The Site and all of its content (including text, graphics, logos, designs, user interfaces, software, documentation, and the selection and arrangement of the foregoing) are owned by Bluefyn or its licensors and are protected by copyright, trademark, and other intellectual property laws. “Bluefyn” and our logos are trademarks of Bluefyn; you may not use them without our prior written permission.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your own internal, non-commercial evaluation purposes. No other rights are granted, whether by implication, estoppel, or otherwise, and all rights not expressly granted are reserved.

8. Your Submissions and Feedback

If you submit, post, or transmit any content to us through the Site, including form entries, messages, or uploaded materials (“Submissions”), you represent that you have the right to do so and that the Submission does not violate any law or third-party right. You retain ownership of your Submissions, and you grant us a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, and process them solely as necessary to operate the Site and respond to you.

If you provide us with suggestions, ideas, or other feedback about the Site or our products (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that Feedback for any purpose, including to develop and improve our products, without any obligation or compensation to you.

9. Copyright Complaints (DMCA)

We respect the intellectual property rights of others and respond to clear notices of alleged copyright infringement. If you believe that material accessible on or through the Site infringes a copyright you own or control, you may send a notice under the Digital Millennium Copyright Act (“DMCA”) to our designated agent at the contact address below. Your notice should include:

• a physical or electronic signature of the copyright owner or authorized agent;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material claimed to be infringing and information reasonably sufficient to let us locate it;
• your contact information, including address, telephone number, and email;
• a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on the owner’s behalf.

We may remove or disable access to material claimed to be infringing and may terminate access for users who are repeat infringers.

10. Third-Party Links and Services

The Site may contain links to third-party websites or services that we do not own or control. We provide these links for convenience only and are not responsible for the content, policies, or practices of any third party. Your use of any third-party website or service is at your own risk and subject to that third party’s terms.

11. Disclaimers

The Site and all content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Site will be uninterrupted, secure, error-free, or that any content is accurate or complete. Nothing on the Site constitutes legal, financial, or professional advice.

12. Limitation of Liability

To the fullest extent permitted by law, in no event will Bluefyn or its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your access to or use of, or inability to access or use, the Site, whether based in contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages. To the extent any liability cannot be excluded, our aggregate liability arising out of or relating to the Site is limited to one hundred U.S. dollars (US$100). This section does not limit liability that cannot be limited under applicable law, and it does not supersede any liability terms set out in a signed MSA with respect to its subject matter.

13. Indemnification

You agree to indemnify, defend, and hold harmless Bluefyn and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Site, your Submissions, or your violation of these Terms or any applicable law or third-party right.

14. Suspension and Termination

We may suspend, restrict, or terminate your access to all or part of the Site at any time, with or without notice, if we reasonably believe you have violated these Terms, that your use poses a risk to the Site or other users, or as otherwise necessary to protect our rights or comply with law. Upon termination, the licenses granted to you under these Terms end, and the provisions that by their nature should survive ( including those on intellectual property, Feedback, disclaimers, limitation of liability, indemnification, and governing law) will survive.

15. Privacy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect and use data. By using the Site, you acknowledge that you have read the Privacy Policy.

16. Export Controls and Sanctions

The Site and any related technology may be subject to U.S. and other export-control and economic-sanctions laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive sanctions, and that you are not a person with whom dealings are prohibited under applicable sanctions laws. You agree not to access, use, export, or re-export the Site in violation of any such laws.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and post the revised Terms on this page. Changes are effective when posted. Your continued use of the Site after changes take effect constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Before filing any claim, you agree to first contact us at the address below and attempt in good faith to resolve the dispute informally. If the dispute is not resolved, you agree that the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Site, and you consent to the personal jurisdiction of those courts. Nothing in this section affects the dispute-resolution or governing-law terms of a signed MSA with respect to its subject matter.

19. General

These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, are the entire agreement between you and Bluefyn regarding the Site, and they supersede any prior understandings on that subject, except that, for parties to a signed MSA, the MSA governs its own subject matter as described in Section 2. If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer these Terms without our prior written consent; we may assign them freely, including in connection with a merger, acquisition, or sale of assets. These Terms do not create any third-party beneficiary rights. We are not liable for any delay or failure to perform caused by events beyond our reasonable control. Section headings are for convenience only and do not affect interpretation.

20. Contact Us

If you have questions about these Terms, you can contact us at zack@bluefyn.ai.