Please read this agreement carefully. These Terms of Service (“Agreement”) govern your access to and use of the services provided by BlueDash LLC (“BlueDash,” “we,” “our,” or “us”). “Services” refers to the online and/or mobile services, website, and software provided on or in connection with the service provided by BlueDash under this Agreement and as detailed on our websites, bluedash.ai and app.bluedash.ai.

By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

1. Eligibility:

You must be 18 years of age or older to use our Services, and you must be capable of forming a binding contract with BlueDash. By using our Services, you represent and warrant that you meet these eligibility requirements. We do not knowingly collect or solicit personal information from anyone under the age of 13, and we do not allow individuals under the age of 13 to register for our Services.

2. Access and Use of Services:

BlueDash hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services in accordance with this Agreement. Your access to our Services is contingent upon creating an account with us. If you do not provide us with accurate and complete account information and fail to keep this information up to date, we reserve the right to suspend or terminate your account. You are not permitted to use other accounts without explicit permission. You must keep your account password confidential and secure.

3. Disclaimer of Warranties:

The services provided by BlueDash LLC are provided “as is” and “as available” without any warranties of any kind, either express or implied. BlueDash LLC makes no warranties, express or implied, as to the accuracy, reliability, or completeness of the services or any content therein. BlueDash LLC expressly disclaims all warranties of merchantability, fitness for a particular purpose, and non-infringement. BlueDash LLC does not warrant that the services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. BlueDash LLC makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the services.

4. Limitation of Liability:

In no event shall BlueDash LLC, its officers, directors, employees, agents, licensors, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if BlueDash LLC has been advised of the possibility of such damages), arising out of or in connection with your use of or inability to use the services. BlueDash LLC’s total liability to you for all claims arising out of or relating to the services or these terms, whether in contract, tort, or otherwise, shall not exceed the amount paid by you, if any, for accessing the services during the twelve months preceding the date on which the claim arose.

5. Security and Unauthorized Access:

BlueDash is committed to safeguarding the security of our Services. We employ reasonable measures to protect against unauthorized access to our network and systems.

In the event that we detect unauthorized access to our network that may impact your Services, we undertake to promptly notify you following a thorough investigation and fulfillment of our legal obligations.

Similarly, you agree to notify us promptly if you become aware of any unauthorized access to the Services or if there is a breach of security with your account. Immediate notification enables us to take swift action to mitigate risks and protect your account and data.

It’s important to note that while we endeavor to maintain the security of our systems, we cannot guarantee absolute security. Therefore, we cannot be held liable for any losses or damages resulting from unauthorized use of your account, provided that we have taken reasonable measures to protect it.

6. Intellectual Property Rights and Copyright Infringement:

We respect the intellectual property rights of others. We will respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you are a copyright owner, or authorized on behalf of one, and you believe your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Services, you must immediately contact our copyright agent via email at [email protected].

For your complaint to be valid under the DMCA, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work that you claim has been infringed.
• Identification of the material that is claimed to be infringing and where it is located on the Services.
• Information reasonably sufficient to permit BlueDash to contact you, such as your address, telephone number, and e-mail address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

In accordance with the DMCA and other applicable law, our company has a policy of terminating, where appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others.

7. Monitoring and Data Collection:

We reserve the right to monitor your use of our Services and collect data related to your usage. This data collection may include, but is not limited to, information about your device, IP address, browser type, and usage patterns. By using our Services, you consent to the monitoring and data collection practices described herein.

8. Suspension and Termination:

BlueDash may, in its sole discretion and without notice, temporarily suspend or permanently terminate your access to any portion or all of the Services for any reason, including but not limited to threats, attacks, illegal activities, or fraudulent activities. We may also, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We reserve the right to permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

9. Feedback and Contact:

BlueDash acknowledges the importance of user feedback in refining and enhancing our Services. Users are invited to provide feedback voluntarily, with the understanding that such contributions are made without expectation of compensation. We encourage users to communicate with us regarding any aspect of our Services, including feedback, by utilizing the contact information provided on our website or within the Services.

User data submitted during the process of contacting us or providing feedback will be treated in accordance with our Privacy Policy. BlueDash reserves the right to utilize this data for legitimate business purposes, including but not limited to responding to inquiries, improving Services, and compliance with legal obligations. By submitting feedback or contacting us, users explicitly consent to the terms outlined in our Privacy Policy regarding the handling and usage of their data.

10. User Content:

Our Services provide you with the capability to store or share a variety of content types, including, but not limited to, text, files, documents, graphics, images, music, software, audio, and video. BlueDash does not claim any ownership rights over user-generated content. Your User Content remains exclusively yours, and these Terms do not diminish any rights you retain to your own content. You are solely responsible for the content you share, and you must possess the requisite rights to share such content.

However, by uploading, submitting, storing, sending, or receiving content through our Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to utilize, host, store, reproduce, modify, create derivative works (including translations, adaptations, or other alterations that enhance the compatibility of your content with our Services), communicate, publish, publicly perform, publicly display, and distribute said content. The rights granted under this license are solely for the purpose of operating, promoting, and improving our Services, as well as developing new ones. This license remains valid even if you discontinue using our Services. Certain Services may offer you mechanisms to access and remove content that has been provided to said Service. Please ensure that you possess the necessary rights to grant us this license for any content you submit to our Services.

11. Prohibited Activities:

You agree not to engage in any of the following prohibited activities while using the Services:

• Attempting to interfere with, compromise the system integrity, or security or decipher any transmissions to or from the servers running the Services;
• Tampering with, hacking, modifying, or otherwise corrupting the security or functionality of the Services;
• Using any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
• Violating any applicable federal, state, local, or international law or regulation;
• Posting, uploading, transmitting, sharing, or storing content that is unlawful, defamatory, infringing, obscene, or invasive of another’s privacy;
• Engaging in any activity that could harm BlueDash, its employees, clients, suppliers, or any other person;
• Accessing any content on the Services through any technology or means other than those provided or authorized by us;
• Impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity;
• Violating the privacy or publicity rights of another person or entity;
• Encouraging or facilitating any violations of these Terms;
• Using the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services;
• Assisting or encouraging any third party in engaging in any activity prohibited by these Terms.

12. Generative AI Tools:

We provide a range of generative AI tools, including AI text generators, an AI design generator, and an AI idea generator. Please note that the availability of these features may vary as they rely on third-party services.

When utilizing our AI design generator tool, your designs may incorporate licensed content sourced from Pexels. Any usage of designs containing licensed content is subject to Pexels’ applicable terms located on their license page at https://www.pexels.com/license/.

When uploading content to BlueDash, you affirm that you possess the necessary rights to the content. While we do not claim ownership of your content, we require certain rights to store it and make it accessible for use in your Projects.

With BlueDash’s suite of AI-powered generative tools, including the AI Text Generator, AI Design Generator, and AI Idea Generator, you agree not to:

• Provide guidance on medical matters or any information related to disease prevention, treatment, diagnosis, or transmission;
• Offer legal or financial advice;
• Generate legal documents or commitments;
• Generate or share data intended for legal proceedings or other judicial purposes;
• Create political material for use in election campaigns;
• Generate unsolicited harmful software such as spam, ransomware, keyloggers, viruses, or similar;
• Produce explicit or shocking content, including nudity, obscene gestures, bodily fluids, or profanity;

By utilizing BlueDash’s AI tools, you acknowledge and consent to BlueDash’s interaction with certain third-party services (including GPT provided by OpenAI), which may produce output, content, suggestions, or other materials in response to your input. Your usage must adhere to these Terms and any relevant third-party terms.

We reserve the right to impose limits on the number of outputs you can create with our AI products. You will receive notifications upon reaching the maximum output limit. You must not exceed any usage limits without prior approval, and we retain the right to suspend or block your access to AI tools or the Service for violations of these terms.

By accessing or using our AI tools, you acknowledge OpenAI’s privacy policy at https://openai.com/privacy/, and agree to the following terms of OpenAI, which are hereby incorporated into these Terms:

• OpenAI Terms of Service available at: https://openai.com/terms/
• OpenAI Sharing and Publication Policy available at: https://openai.com/api/policies/sharing-publication/

Please carefully review any output generated by BlueDash AI tools before incorporating it into your published marketing material.

BlueDash does not control nor assume responsibility for any AI output generated by third-party services and hereby disclaims any and all liability associated therewith. Your use of BlueDash is at your own risk.

13. Social Media Management Tools:

BlueDash offers a social media management tool enabling users to schedule posts on various social platforms or post instantly. It also provides analytics tools to equip users with insights into their social media performance.

Users are required to strictly adhere to the terms of service and community guidelines of each social media platform while using BlueDash’s tools to publish content. By accessing and utilizing our tools, users acknowledge and agree to comply with the rules and regulations established by the respective platforms. Failure to adhere to these terms and guidelines may lead to the suspension or termination of user accounts, as well as other penalties imposed by the social media platforms. BlueDash disclaims any responsibility for violations of platform policies by users and reserves the right to revoke access to its tools for individuals found to be in breach of such terms.

14. Indemnification:

BlueDash assumes no liability or responsibility for: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage resulting from your access to or use of the Services; (iii) any unauthorized access to or use of our secure servers and/or any personal information stored therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, Trojan horses, or similar harmful components transmitted through the Services by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vii) customer content or the defamatory, offensive, or illegal conduct of any third party.

15. Payment Terms:

If you sign up for a subscription, the corresponding fees specified in your user account and/or on the checkout page will automatically renew every month on a continuous basis, unless and until you notify us of your intention to cancel your subscription in accordance with Section 16 of these Terms.

BlueDash accepts various payment methods through Stripe, including but not limited to Mastercard, Visa, and American Express. By using our Services, you agree to be bound by Stripe’s Services Agreement available at https://stripe.com/us/legal. Additionally, we also accept payments made through PayPal, and you agree to abide by PayPal’s legal documents available at https://www.paypal.com/us/legalhub/home.

By providing a credit card or other accepted payment method to BlueDash for the Services, you authorize BlueDash to automatically charge the elected payment method all applicable fees when due, as well as any other charges you may incur in connection with your use of the Services. For all purchased Services, the Payment Method will be charged on a yearly basis or at the interval indicated on the checkout page or indicated on your account.

You represent and warrant that you have the legal right to use all payment methods represented by any Payment Information provided. When you initiate a subscription, you authorize us to share your Payment Information with third parties to facilitate the transaction related to your Subscription and to charge your payment method for the selected subscription type (including applicable taxes and other charges).

It is your responsibility to maintain accurate and up-to-date billing details and ensure that fees are paid by the due date. Failure to maintain accurate and up-to-date billing details may result in the suspension of your account until the required information is provided. If you are overdue on any Fees, BlueDash may: (i) charge a late fee on the unpaid balance at a rate no greater than 1.5% per month or the maximum lawful rate permitted by applicable law, whichever is lower, (ii) suspend the provision of the Services, and (iii) terminate both the Agreement and your account.

You agree to be responsible for all charges incurred by users of your credit card, debit card, or any other payment method used in connection with a purchase or transaction involving the Services, at the prices in effect when such charges are incurred.

You are responsible for paying any applicable taxes related to purchases, transactions, or other monetary interactions made through the Services.

In the event of a payment failure during the auto-renewal process, we will make multiple attempts to charge your payment method again. If the payment fails for a period of 7 days from the initial payment retry, your subscription will be cancelled.

Prices for our Services are subject to change without prior notice or consent. We reserve the right to adjust pricing at our discretion. However, we are committed to transparency and will endeavor to notify you of any changes at least 30 days before the new pricing takes effect. Such notification will be sent to the email address associated with your account. Your continued use of our Services after the effective date of the new pricing constitutes your acceptance of the revised pricing terms.

16. Subscription Cancellation and Refunds:

To cancel your subscription, you must cancel your subscription from within your account at https://app.bluedash.ai/account/subscriptions/ or email [email protected] stating you want your subscription cancelled. When emailing [email protected], the email must be sent from the same email address associated with your account or else we will not be able to cancel your subscription. In the case where you are unable to sign in to your account or no longer have access to the email address associated with your account, please contact your card company or bank to block all future payments from BlueDash.

The cancellation will be effective in the month following the month in which you provide us notice. By not providing such notice, you understand and authorize BlueDash or our authorized third-party payment provider (without notice to you, unless required by applicable law) to charge your payment method the applicable subscription fees, taxes, and any other charges using any eligible payment method we have on record for you.

Please note that no refunds will be provided for cancellations. BlueDash will not issue refunds for any reason. All purchases and orders are final.

In the event that BlueDash suspends or terminates your account or this agreement, you acknowledge and agree that you will not receive any refund or exchange for any unused subscription time, license or subscription fees, associated content or data, or any other aspect related to your account or the Services.

17. Free Trials:

BlueDash may offer free trials to eligible users who have not previously held a paid subscription. If you qualify for a free trial, you understand and agree that your payment method will be automatically billed on the day your free trial ends or the day you start your paid subscription, and on each recurring billing date thereafter.

BlueDash will not provide a notice when your free trial ends and payment for your subscription is due. To avoid charges to your payment method, it is your responsibility to cancel your subscription before midnight Mountain Standard Time on the last day of your free trial period. If you cancel your subscription during a free trial, the cancellation may take effect immediately.

18. Privacy Policy:

You can access our Privacy Policy at https://app.bluedash.ai/legal/privacy/.

Security Measures and Personal Information: BlueDash cannot guarantee that unauthorized third parties will never breach our security measures or misuse your personal information. By providing your personal information, you acknowledge and accept the associated risks.

19. Assignment of Agreement:

Neither Party may assign the Agreement, in whole or in part, without

the prior written consent of the other Party, except in connection with a merger, reorganization, sale of assets, or similar transaction. In such cases, the assigning Party shall provide notice as soon as reasonably practicable and without undue delay. Any assignment in violation of this section shall be null and void. The Agreement shall be binding on all permitted successors and assigns.

20. Force Majeure:

We shall not be deemed to be in default of the Agreement or to have breached any provisions due to a delay, failure in performance, or interruption in the Services resulting from circumstances beyond our reasonable control. Such circumstances include acts of God, acts of civil or military authority, civil disturbance, war, strikes, fire, laws, regulations, governmental acts, third-party network unavailability, and/or failure of telecommunication facilities.

21. Waiver and Remedies:

BlueDash’s failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The waiver of any right or provision shall be effective only if in writing and signed by a duly authorized representative of BlueDash. Except as expressly set forth in these Terms, the exercise of any remedies under these Terms by either party shall not prejudice its other remedies under these Terms or otherwise.

22. Governing Law and Jurisdiction:

These Terms and any related actions will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Colorado, without considering its conflict of laws provisions. Any disputes that are not required to be arbitrated between you and BlueDash will have exclusive jurisdiction in the state and federal courts located in Mesa County, Colorado. Both parties waive any objections to jurisdiction and venue in such courts.

Arbitration Agreement and Scope: Please read this section carefully as it requires the parties to arbitrate their disputes and limits your ability to seek relief from BlueDash. This Arbitration Agreement applies to any dispute, controversy, or claim between you and BlueDash that arises directly or indirectly from: (a) this Agreement, including its formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability; (b) access to or use of the Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Services; or (d) any other aspect of your relationship or transactions with BlueDash as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement applies to all Claims, whether they arose or were asserted before or after your agreement to this Agreement.

Informal Dispute Resolution: For any Claim, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. If BlueDash has not been able to resolve a Claim after sixty (60) days, both parties agree to resolve the Claim exclusively through binding arbitration by AAA (American Arbitration Association) before a single arbitrator (“Arbitrator”) under the Expedited Procedures in effect for AAA (“Rules”), except as provided in this Agreement. In case of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall prevail. AAA can be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the county where you reside in the United States or in Colorado, unless you and BlueDash agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any AAA filing, administrative, and arbitrator fees according to AAA rules. The arbitrator’s award may include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert witnesses. If you are an individual using the Services for non-commercial purposes, AAA may require you to pay an initiation fee unless you successfully obtain a fee waiver. You may sue in a small claims court of competent jurisdiction without engaging in arbitration, but this does not exempt you from the informal dispute resolution process. The arbitrator’s award may be entered in any court of competent jurisdiction. The Arbitrator shall have exclusive authority to resolve disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement.

Exceptions to Arbitration: This section does not prevent BlueDash from seeking injunctive or equitable relief from the courts to prevent actual or threatened infringement, misappropriation, or violation of data security, intellectual property rights, or other proprietary rights. It also does not prevent you from asserting claims in a small claims court if they qualify and remain within the court’s jurisdiction on an individual basis.

Severability: If any provision of this Arbitration Agreement is found to be void, unenforceable, or unlawful, the void, unenforceable, or unlawful provision will be severed. The severance of such provision will not affect the remaining provisions of the Arbitration Agreement, which will remain in force. The parties’ ability to compel arbitration of any remaining claims on an individual basis will not be impacted by the severance of the void, unenforceable, or unlawful provision. In case the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful because it would prevent you from seeking public injunctive relief, any dispute regarding the entitlement to such relief must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims subject to arbitration under this Arbitration Agreement will proceed according to its terms, and the parties agree to stay litigation regarding the entitlement to public injunctive relief pending the outcome of any individual claims in arbitration.

Class Action/Jury Trial Waiver: All claims must be brought by individuals and not as plaintiffs or class members in any class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration, and the arbitrator may not consolidate more than one person’s claims unless otherwise agreed by both parties. The arbitrator may only award relief to an individual claimant to the extent necessary to provide relief for their individual claims. Any relief awarded may not affect other users of our Services. By entering into this Agreement, you and BlueDash waive the right to a trial by jury or to bring, join, or participate in a class action, collective action, private attorney general action, or other representative proceeding.

23. Entire Agreement and Relationship:

These Terms constitute the entire agreement between BlueDash and you regarding the Services, superseding all prior oral or written understandings or agreements. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. You may not assign or transfer these Terms without BlueDash’s prior written consent, while BlueDash may freely assign or transfer these Terms. The agreement between the parties does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.

24. Modification of Terms:

We reserve the right, at our sole discretion, to modify or replace the terms at any time.

In the event of modifying or replacing the terms, we will notify you via email at least 30 days prior to the new terms taking effect.

By continuing to use the Services after we have posted updated terms, you indicate your acceptance and agreement to the changes. If you do not agree to be bound by the changes, you may no longer use the Services. As our Services evolve over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

If you have any questions regarding our terms, please contact us at [email protected]. Our mailing address is 3252 F Rd #819 Clifton, CO 81520.