Terms of service — Bluescape

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• Effective date Report an error

  “Effective Date: Tuesday, June 25, 2024”

• Contracting entity Report an error

  “Bluescape Buyer, LLC (“Bluescape”) has developed the Bluescape Service”

• Freemium tier Report an error

  “Customers who use the free version of the Bluescape Service are called “Freemium Users.” While Freemium Users can access and use the Bluescape Service, they have access to a more limited set of Bluescape Service features and functionality than Subscribers.”

• Paid subscription Report an error

  “Customers who use the Bluescape Service as part of a paid Bluescape subscription plan (“Subscription Plan” or “Additional Services”) are called “Subscriber.””

• Current pricing URL Report an error

  “a current list of which is available online at https://www.bluescape.com/pricing/ (the “License Type”)”

• Trial terms Report an error

  “Eval Licenses expire after ninety (90) days.”

• License term renewal Report an error

  “all other License Types are granted to Subscribers for an initial License Term of one (1) year, which term will automatically renew for subsequent one (1) year periods unless either party provides written notice of non-renewal at least thirty (30) days prior to expiration.”

• Additional users prorated Report an error

  “Customer may add additional Users at the pricing set forth in the applicable Order, pro-rated for the remainder of the applicable annual period at the time such additional Users are added.”

• Fees nonrefundable Report an error

  “All Fees are nonrefundable, except as provided in Section 10.4.”

• Taxes exclusive Report an error

  “All Fees are exclusive of taxes, including import or export duties, sales, use, value-added, withholding, and excise taxes assessable by any local, state, provincial, federal, or foreign jurisdiction”

• Payment terms Report an error

  “All Fees shall be due and payable within thirty (30) days after receipt of Bluescape’s corresponding invoice unless otherwise stated in an applicable Order. Subscribers may elect to allow Bluescape to charge Fees to a credit card on an annual or monthly recurring basis.”

• Currency usd Report an error

  “All payments shall be in U.S. Dollars.”

• Late fee rate Report an error

  “such charges may accrue late charges at the rate of one point five percent (1.5%) of the outstanding balance per month or the maximum rate permitted by law, whichever is less”

• Renewal fee increase notice Report an error

  “Bluescape shall provide Customer with written notice of any increases in the Fees for any Renewal Term at least sixty (60) days prior to the end of the then-current License Term.”

• Availability SLA Report an error

  “Bluescape will use commercially reasonable efforts consistent with prevailing industry standards to maintain the Bluescape Service to be available 24 hours per day, 7 days per week, including holidays.”

• Maintenance schedule Report an error

  “scheduled maintenance (conducted weekly, typically in connection with a new release or service pack, but not during Support Hours”

• Onprem option Report an error

  “if Subscriber utilizes the Bluescape Services on-premises, rather than through a Bluescape hosted environment, and fails to upgrade within ninety (90) days of any release, Bluescape support and maintenance shall be limited”

• Termination data deletion Report an error

  “Unless specified otherwise, all Customer Data, as well as created or uploaded content, will be securely destroyed by Bluescape within 90 days of termination”

• Policy URL Report an error

  “maintenance and support for the Bluescape Service (“Maintenance and Support”) found at https://community.bluescape.com/t/bluescape-support-policy/2820”

• Freemium no support Report an error

  “Bluescape will have no obligation to provide maintenance or support services of any kind to any Freemium User”

• Updates continuous Report an error

  “Bluescape shall provide Subscriber with access to bug fixes, updates, and improvements to the Bluescape Service that are released by Bluescape for general availability to its other commercial customers (“Updates”) on a continuous basis.”

• Training available Report an error

  “Bluescape may provide training to Subscribers in the Bluescape Service’s use if described in an Order (“Training”)”

• Warranty claim notice days Report an error

  “Bluescape shall have no obligation with respect to a warranty claim unless notified of such claim within 60 days of Customer’s being aware of the first instance of any material functionality problem.”

• GDPR terms Report an error

  “Bluescape shall process Customer Data in accordance with GDPR Processing Terms & Conditions, which such terms and conditions may be found at https://bluescape.com/gdpr-processing-terms/”

• Security issue notification Report an error

  “Unless prohibited by law, Bluescape shall promptly inform Customer of all security-related issues that threaten the security of Customer Data discovered or brought to Bluescape’s attention (“Security Issue”)”

• Encrypted processing Report an error

  “Customer authorizes Bluescape to access or process the Customer Data in an encrypted state and only with the Customer’s prior written consent in an unencrypted state”

• Ownership Report an error

  “Customer owns and shall retain all right, title, and interest, including all intellectual property rights, in and to the Customer Data.”

• Statistical data use Report an error

  “Bluescape may aggregate and use for Bluescape’s internal business purposes those portions of the Customer Data that relate to how Customer uses the Bluescape Service and Additional Services (“Statistical Data”)”

• Export to third party risk Report an error

  “Bluescape has no responsibility or liability for any Third-Party Software or Third-Party Services, including but not limited to, any indemnification obligation for infringement set forth in Section 8, and how Third-Party Software or Third-Party Services uses or processes any information shared, including Customer Data, after such is exported to any such Third-Party Software or Third-Party Services provider.”

• Third party terms URL Report an error

  “a partial list of which may be found at https://www.bluescape.com/third-party-terms-and-conditions”

• Modifiable by vendor Report an error

  “Bluescape does not guarantee that it will continue to make available or maintain integrations with any Third-Party Software or Third-Party Services, and moreover, Bluescape may disable such integrations at any time with or without notice to Customer.”

• Service changes allowed Report an error

  “Bluescape shall have the right to modify the Bluescape Service, including adding or subtracting Third-Party Software, Third-Party Services, components, features, or functionality, at any time without notice to Customer.”

• Business use only Report an error

  “The Bluescape Service is intended for business use only.”

• Visual workspace Report an error

  “a web-based service that provides certain features and functionalities designed to facilitate enterprise project teams working within a collaborative visual workspace in real-time and manage associated collaborative workflows”

• Min age Report an error

  “By accepting the Terms, you represent and warrant that you are over the age of 16”

• Governing law Report an error

  “This Agreement shall be construed in accordance with California law, without reference to its conflict of law principles.”

• Liability cap Report an error

  “BLUESCAPE’S TOTAL CUMULATIVE LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, WITH RESPECT TO THE BLUESCAPE IP, THE BLUESCAPE SERVICE AND THE ADDITIONAL SERVICES PROVIDED UNDER THIS SUBSCRIPTION AGREEMENT SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY CUSTOMER TO BLUESCAPE UNDER THE APPLICABLE ORDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM OR ACTION.”

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