Bluetail Terms of Service
Effective as of December 28, 2022
These terms of service (“Terms”) are a legally binding contract between you and Bluetail, Inc., (“Bluetail,” “we,” “us,” or “our”), that you are agreeing to by registering for a Bluetail account (our “Services” or “Additional Services”). If you do not agree with these Terms, do not register or use any of our Services.
If you are using our Services on behalf of an organization (for example, you are an account administrator), you are agreeing to these Terms for that organization and are promising to us that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization).
When we say, “we,” “us,” “or “our,” we’re referring to Bluetail, Inc., a Delaware corporation, our employees, directors, officers, affiliates, and subsidiaries.
When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the Bluetail Services.
When we say “Websites,” we mean our websites located at bluetail.aero, app.bluetail.aero, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.
When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up Bluetail.
When we say “Bluetail,” we mean our Websites and Services collectively.
When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.
When we say “Additional Services,” we mean Client may request additional services, like Conversion Services, from Bluetail and Bluetail shall perform such additional services in accordance with the additional terms and conditions set forth in an Order Form(s).
2. General Rules
To use Bluetail, you must (a) be at least thirteen (13) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:
- You are responsible for all content you provide and your activities on Bluetail;
- You will use Bluetail in compliance with all applicable laws, rules, and regulations;
- You will not use Bluetail to solicit the performance of any activity which infringes our rights or the rights of others;
- You will not copy, modify, create any derivative work of or attempt to reverse assemble, decompile or reverse engineer Bluetail and/or our Services; and
- You will not use Bluetail to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.
If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.
As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use Bluetail. Your use of Bluetail is at your own risk.
3. Registration and Account
If your account requires registration, you must complete the registration process by providing complete and accurate information. You must also provide and maintain one dedicated email address for communications with Bluetail.
The Services have different levels of access and permissions for various user roles. If you are an account administrator, “your users” includes all of your administrators, contributors, viewers, and other roles.
You are solely responsible for all files and information that you or your users upload to or share through Bluetail and will ensure that your users comply with your obligations under these Terms. We may impose reasonable limits on uses of the Services, in the event a Client uses the Services in a manner that is not intended by this Agreement to prevent degradation of the performance of the Services for you or other customers.
Only you may use your account and are responsible for your account. Access to Services does not include a right of access by your subsidiary, affiliate or parent organizations; such organizations require their own Bluetail account. If you become aware of any unauthorized use of the Services or your account, please contact us immediately at firstname.lastname@example.org. In addition, you are solely responsible to ensure that your hardware, network, Internet connection, and other equipment meet the requirements to use the Services.
4. Intellectual Property
You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.
We own Bluetail and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Bluetail, our Services, or our content on Bluetail without our written permission.
You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into Bluetail or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.
5. Passwords and Accounts
You’re responsible for keeping your account name and password and e-signature PIN confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords.
You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.
6. Fees and Payment
For all plans, You authorize us to charge You for all specified subscription and conversion fees listed on the Order Form, and any other charges You may incur in connection with Your use of the Services, such as taxes, duties, and possible transaction fees. Payment obligations are non-cancelable and fees paid are non-refundable. We reserve the right to change subscription service fees upon thirty (30) days’ notice. Such notice may be provided at any time by posting the changes to the Bluetail web site or by email notification.
6.2 Invoicing and Payment
You will provide Us with valid credit card information or ACH information. If You provide credit card information to Us, Customer authorizes Us to charge such credit card for all purchased Services listed in the Order Form for the initial subscription term and any renewal subscription term(s) as set forth in the “Term of Purchased Subscriptions” section below. Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated in the applicable Order Form. If the Order Form specifies that payment will be by a method other than a credit card, We will invoice and ACH You in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced fees are due net 30 days from the invoice date. Customer is responsible for providing complete and accurate ACH, billing and contact information to Us and notifying Us of any changes to such information. All amounts are due at the renewal date and if the Client fails to make the payment when due, or in the event of other default or breach by the Client, we have the option to suspend or terminate Services.
7. Term and Termination
Your agreement will renew for the same duration as the then-current contract period. You may change your auto-renewal selection at any time by providing written confirmation via email to your Bluetail Account Manager at least 30 days prior to the expiration of the then-current contract period.
7.1 Term of Agreement
This Agreement commences on the date You first accept it and continues until all subscriptions hereunder have expired or have been terminated.
7.2 Term of Purchased Subscriptions
The term of each subscription shall be as specified in the applicable Order Form. Except as otherwise specified in an Order Form, subscriptions will automatically renew for additional one year terms, unless either party gives the other written notice (email acceptable) at least 30 days before the end of the relevant subscription term. Except as expressly provided in the applicable Order Form, renewal of promotional or one-time priced subscriptions will be at Our applicable list price in effect at the time of the applicable renewal. Notwithstanding anything to the contrary, any renewal in which subscription volume or subscription length for any Services has decreased from the prior term will result in re-pricing at renewal without regard to the prior term’s per-unit pricing.
A party may terminate this Agreement for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
8. Customer Support
Customer support is available by phone, email, and through the Services. Phone support is available Monday-Friday, 8am-5pm PST (excluding U.S. holidays). Customers may use these support resources to ask questions and to report errors or problems with the Services.
9. Data Backup
As part of the Services, Bluetail regularly backs up data you upload to or transmit through the Services. We retain backup data for 29 days. On 30th day the last backup is then archived at our redundant system. You may retrieve backup data by downloading a copy of your backup data through the Services or by submitting a request in writing to email@example.com.
10. Your Name and Logo
We may issue press releases, public statements, or other publicity materials regarding the Services that reference you (including use of your branding) as a customer. If you object to any such use, you will need to notify your Bluetail Account Manager, and we will not use your name or branding or will remove or alter your name or branding in any such materials as requested.
12. Additional Services
12.1 Conversion Services
If Client orders Conversion Services pursuant to an Order Form, Client hereby engages and authorizes Us to charge You for scanning, imaging, organizing and/or indexing services in connection with Client’s logbooks, maintenance records, documents, media, electronic or digital images and other records (collectively the “Records”). The scope of Conversion Services will be set forth in the Order Form(s).
Upon completion of the Conversion Services, Bluetail shall deliver the original Records back to Client. Any criteria for acceptance of Conversion Services are set forth within the Order Form. Notwithstanding anything to the contrary herein or in the Order Form, satisfactory completion and acceptance of any Conversion Services shall be deemed to have been delivered and accepted by Client if Client does not object in writing to such Conversion Services within 30 days of receipt by Client.
Upon completion of the Conversion Services, Client may access the electronic copy of the Conversion Services Records through Bluetail’s SaaS records management application subject to the terms and conditions for access applicable thereto.
12.2 Records and Performance
12.2.1 Client shall not at any time provide to Bluetail any Records that would attract insects or vermin, are highly flammable, explosive, toxic, radioactive, dangerous or illegal to possess or store, or that are otherwise deemed by Bluetail, in its sole discretion, to represent a hazard (“Prohibited Materials”). Bluetail reserves the right, but is not obligated, to inspect any Records and may refuse to accept and/or remove and redeliver to Client any Prohibited Materials at Client’s cost.
12.2.2 Client acknowledges that Bluetail carries Records transportation insurance in the maximum amount of $100,000 in the event of lost or damaged Records, provided, however, that in connection with any Records transportation services, Bluetail is not and shall not be deemed a contract or common carrier for any purpose. The pricing, valuation and liability provisions of this Agreement reflect that status. In the event a third party common carrier is used to transport any Records, said carrier and not Bluetail shall be solely responsible for loss or damage to such Records or materials while in the carrier’s possession.
12.2.3 Bluetail may subcontract all or part of its obligations under this Agreement to any of its third party network partners to perform all or part of the Conversion Services or Services (each a “Subcontractor”). Bluetail shall be liable for the acts of Bluetail Subcontractors to the same extent as if Bluetail directly performed the obligations under the Agreement.
12.2.4 Itemized lists or descriptions of contents of Records submitted to Bluetail shall be considered for Client’s recordkeeping and reference purposes only and shall not be considered proof that any documents referenced in such lists or descriptions are in fact included in the Records serviced by Bluetail.
12.2.5 Client agrees that any failure or delay in Bluetail transporting Records or providing Conversion Services within a reasonable period of time shall not constitute a breach of this Agreement or a conversion of goods, nor subject Bluetail to any liability, when such failure or delay results directly or indirectly from any act of God (earthquakes, floods, fires, pandemics, etc.), communication or power system failures, labor disputes, unusual traffic delays or other reasons beyond Bluetail’s reasonable control.
13. API Terms
You may access your Bluetail account data using the Bluetail API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses Bluetail, is bound by these Terms.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) resulting from your use of the API or third-party products that access your data via the API.
Abuse or excessively frequent requests to Bluetail via the API may result in the temporary or permanent suspension of your access to the API. We may, at our sole discretion, determine abuse or excessive usage of the API. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of Bluetail.
15. Representations and Warranties
Client represents and warrants that: (A) it is the owner or legal custodian of all Records, and has full authority without any restrictions, to make decisions regarding Conversion Services to said Records; (B) none of its Records require protection from foreign persons because they contain technical information regarding defense articles and services within the meaning of ITAR/EAR, the International Traffic in Arms Regulations, or technical data within the meaning of the Export Administration Regulations, and if any Records do contain such information, Client shall notify Bluetail of the specific Records that contain such information and acknowledges that special rates shall apply thereto; and (C) unless Client has informed Bluetail in writing otherwise, neither Client nor its Records are subject to the EU General Data Protection Regulation (“GDPR”). Client hereby releases and will indemnify and hold harmless Bluetail from any costs arising from or relating to the breach of Client’s representations and warranties in this Paragraph.
16. Limitation of Liability
To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.
We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of Bluetail and any linked sites and services. Your sole remedy against us for dissatisfaction with Bluetail is to stop using Bluetail. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.
Conversion Services Declaration Valuation: Client declares the value of all Records to be (i) $1.00 per box, carton, linear foot of open shelf files or other hard copy storage unit (or gigabyte of electronic Records) or (ii) the actual replacement cost for the physical media with respect to electronic storage media or other non-paper media.
Conversion Services; Stored Records and Media: Bluetail and Bluetail Subcontractors shall not be liable for any loss or damage to Records, however caused, unless such loss or damage results from a failure by Bluetail or Bluetail Subcontractors to exercise that care that a reasonably careful person would exercise under like circumstances, in which case Bluetail and Bluetail Subcontractor’s liability, if any, for such loss or damage to Records shall not exceed the valuation in Paragraph 16 above. Without limiting the generality of the foregoing, Bluetail and Bluetail Subcontractors are not liable or responsible for (i) loss or damage arising from Acts of God, casualty, labor disturbances, any governmental act or other cause beyond its reasonable control, or (ii) the repair, replacement or restoration of lost or damaged Records, images, data, or other property. Records are not insured by Bluetail against loss, damage or destruction, however caused. Client must insure all Records at its own expense. Client shall cause such insurers of Records to waive any right of subrogation or any other method of recovery against Bluetail and Bluetail Subcontractors.
If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
17. Governing Law; Dispute Resolution
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites, Services or Additional Services or, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
18. Force Majeure
You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.
If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
21. No Waiver
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
22. Entire Agreement
These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of Bluetail, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service). In the event of a conflict between these Terms and the provisions of another agreement between the parties, the provisions of such other agreement shall prevail and govern the relationship of the parties.
23. Amendments and Changes to Bluetail
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance Bluetail shall be subject to the Terms.
It is your responsibility to check the Terms periodically for changes. Your continued use of Bluetail following the posting of changes will mean that you accept and agree to the changes.
We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to Bluetail, or any portion of Bluetail for any reason; (2) to modify or change Bluetail, or any portion of Bluetail, and any applicable policies or terms; and (3) to interrupt the operation of Bluetail, or any portion of Bluetail, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
If you have any questions regarding this Terms of Service, please contact us by email at firstname.lastname@example.org, or please write to the following address:
2390 E Camelback Rd, Ste 130
Phoenix, AZ 85016
Last updated: December 28, 2022