Terms of Service

Introduction

These Terms of Service ("Terms") cover your use of Blutui's services and products (“Services”). These Terms incorporate our Privacy Policy and Fair Use Policy. If you do not agree with the Terms, you may not use the Services.

1. Your Blutui Account

1. Your information: When you create a Blutui account you are responsible for making sure that your account information is correct. We need this information to contact you.

2. Keeping your account safe: Please ensure that you use a and that your passwords are kept secret. Please notify Blutui immediately if you suspect your account has been compromised or there has been unauthorised use of our Services. We are not responsible for any omissions in connection with your account and you are solely responsible for your account’s activity.

3. Age: The Services are not intended for use by anyone under the age of 13. Minors under the age of 18 should seek specific consent to use our Services from their parent or guardian and they may need to agree to these Terms on your behalf.

2. Your Responsibilities

1. Rights and usage: You are responsible for managing the rights to and usage of the content you create and upload to Blutui, including making sure you have the right to share and use content and intellectual property. If we use your content in the ways described in this this agreement, you agree that such use will not infringe the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights.

2. Social media and sharing: We are not responsible for what you share on social media or through other channels using Blutui, please exercise good judgement.

3. Observe and follow our rules: You are responsible for your conduct and the content you create and upload with Blutui. Please ensure that you have read, understand and are able to comply with our Fair Use Policy. We are not responsible for policing content on Blutui, however we may periodically review how our services are used to ensure our Acceptable Use Policy is being complied with.

4. End Users: Your websites and their end users are your responsibility. You are responsible for ensuring that your sites comply with our Fair Use Policy, any local legal requirements and that your end users are not breaking the law. Blutui will not provide you with any legal advice.

5. Comply with the law: You agree that your use of our Services is not in conflict with the law.

3. Content

1. All of the content that you create with Blutui is yours. Blutui does not claim ownership over the text, code, images, video or other content created with and uploaded to Blutui.

2. Your licence to us: You grant Blutui a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish your content solely for the purpose of displaying, distributing, and promoting your site and Blutui as a service.

3. Promotion of your content: We may use in perpetuity, worldwide and free of charge any of your sites and the content contained within for marketing and promotional purposes. If you don’t want us to use your content for promotional purposes you can opt out by contacting us at.

4. Third Party Services

1. Users of Blutui may use third party services and applications through their sites. Third Party Services may include, but are not limited to, domain services, domain name servers, marketplaces, embedded code and applications and email.

2. Third Party Services are governed by their own terms of use and policies. We have no control over Third Party Services and are not liable for any damages, transactions or losses carried out through them.

3. You are responsible for maintaining your security while using Third Party Services. Blutui is not responsible for any security breaches that might result from your use of Third Party Services.

4. Suspension. You agree that we may suspend access to, disable or remove any Third Party Services that are used on Blutui managed sites, without notice.

5. Restriction. Blutui may restrict use of Third Party Services we consider as posing a risk to Blutui’s platform.

6. Data loss. Blutui is not responsible for any data loss that results from the use of Third Party Services.

7. External sites. Third party services may link to external sites, we are not responsible for the content of these sites and are not liable for them.

8. We don’t endorse, and are not liable for content. It is impossible for us to review all the content available through Blutui, which may contain user content that:

   • Contains errors;

   • Is offensive;

   • Violates intellectual property rights;

   • Contains content or code that is harmful to your computer or network; or

   • Contains code that collects user data without notice.
     
     We don’t endorse user content, we are not a publisher of user content and we are not liable for any user content available through Blutui’s services.

5. Domain Name Service

1. Blutui uses DNSimple to provide its Domain Name Services. When you use Blutui you agree to be bound by the terms of service and policies of DNSimple as they relate to domain routing.

6. Privacy

1. Privacy Policy. Please refer to our Privacy Policy that describes how we collect, use and share our users and end user data. By agreeing to these Terms you agree to the way we handle user data set out in our Privacy Policy.

7. Copyright

1. Copyright law. We comply with copyright law and respond to complaints about copyright infringement.

2. Intellectual property. We ask that you respect intellectual property and follow the appropriate laws and licence agreements as they relate to the content on your sites.

3. Infringement. Blutui reserves the right to remove or disable any content found to infringe on copyright law without notice or refund.

8. Blutui’s Intellectual Property

1. Blutui Ltd owns Blutui. Our services are protected by copyright, trademark registrations and other legal instruments and protocols in New Zealand and globally.

2. Blutui retains all rights. By agreeing to the Terms doesn’t give you any right to our intellectual property including our trademarks.

3. You may not modify our Services. By agreeing to the Terms you agree not to modify, translate or create derivative works from our Services.

4. Demonstration. Our demo content is for demonstration purposes only.

5. Beta means Beta. Features that are in beta may be released to users for testing and feedback, these features may be less reliable than completed features, please exercise patience with these new features and provide helpful feedback to our team to help us improve them.

6. We use open source software and libraries. We support open source projects and contribution to the open source community is important to Blutui. If we offer features that use open source libraries they will be offered under an open source licence agreement which will override some of these terms.

9. Blutui’s Rights

1. Blutui retains control. The following rights may be asserted to make sure that we can maintain control over our Services and offer the best possible service to all of our clients:

   • Suspend parts or all of Blutui’s service offering

   • Terminate or restrict access to some or all of the service

   • Change the Services we offer and their functionality

   • Change eligibility criteria of who can use our service

   • Terminate or restrict access to individual sites

   • Change ownership of individual sites based on end user requests in consultation with the agency.

10. Disputes

1. Prompt resolution. Disputes on the ownership and management of sites are handled as quickly as possible and with respect for all parties.

2. Request for information. We may request documentation and proof of payment in order to prove ownership of a site or broker a transfer from one agency to another.

3. Restriction of Services. We may hold sites in escrow and restrict access to the site dashboard while disputes are resolved.

11. TLS and HTTPS

1. We try to offer HTTPS encryption wherever possible on sites created by Blutui. By using our services you authorise us to mint and maintain security certificates for your websites.

12. We may offer HTTPS encryption for your sites

1. By registering a custom domain, or pointing a custom domain to the Blutui services, you authorise us to create and maintain a certificate for the limited purpose of providing HTTPS for your sites.

13. Fees and Payment

1. Fees: in order to access many of the services offered by Blutui payment of a fee is required . For example: for you to put sites live you need to sign up for one of our plans and pay a per site subscription fee.

2. You may cancel service at any time through the product admin panel or by contacting our customer service team

3. Yearly subscription fees may apply to team plans in addition to the per site hosting fee.

4. If you don’t pay for the Services you are using on time we reserve the right to suspend service until payment is resumed.

5. We will explain all fees before charging you.

6. Additional transaction fees may apply depending on the payment method or gateway used.

7. An invoice with details of fees charged will be sent to you by email.

8. To ensure uninterrupted service we bill credit cards automatically on a monthly basis. Payments will be taken from the account’s credit card until the Services is canceled.

9. Renewal periods are equal to the billing period of your account, billing your account at the time of account renewal each month.

10. You can disable auto-renewal at any time by contacting customer services at contact@blutui.com

11. If you cancel your service you will not be offered a refund unless there is a legal requirement (for example for some users in the E.U.)

12. We reserve the right to change our fees at any time, we will give advanced notice of these changes and new fees will not be retroactive. If you disagree with the changes to our fees you have the right to cancel before the next payment date.

13. If you contact your bank to decline or reverse charges we reserve the right to terminate your account.

14. Third Party Services purchased through Blutui may be subject to different refund policies that those Third Party Services determine, and they may be non-refundable. The purchase terms for Third Party Services will be displayed during the purchase process. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service.

15. Blutui does not offer refunds for purchases of Third Party Services.

16. If you have any questions about the charges on your account please contact us to discuss at contact@blutui.com

17. If you don’t comply with our Fair Use Policy (for example, if you impose an unreasonable load on our infrastructure) we may incur additional charges. It is important to us that your site is able to thrive, so we have chosen not throttle or reduce bandwidth to your site. We do however reserve the right to require you to pay for the additional charges that we might incur as a result of your non-compliance with our Fair Use Policy.

18. All charges, prices and other amounts referred to on our website and in all correspondence are in $USD.

14. Tax

1. Blutui will charge tax on the Service fees when required to do so.

2. You’re responsible for paying the applicable taxes on Services you use.

15. Payment processing

1. We process all of our payments using Stripe and their policies apply in the case of payment processing. For more information about Stripe's terms and privacy policy please visit: stripe.com

2. We are not liable for and have no control over the security and performance of Stripe’s payment gateway.

3. We reserve the right to correct, or to instruct our payment processor to correct, any errors, including after a payment has been made, requested or received.

4. You agree to pay us using Stripe and all charges will be at the prices in effect at the time of purchase in accordance with the appropriate payment terms.

5. You agree to make payments with the method that has been specified in your account.

16. Term And Termination

1. Either party can end this agreement at any time

2. This agreement will remain in effect until terminated by either party. You may contact us at to cancel or change the Services you receive.

3. Blutui reserves the right to terminate service at any point without notice.

17. Limitation Of Liability

1. Blutui is not liable with respect to any claims arising out of or related to our Services or these Terms including but not limited to:

   • Any indirect, special, incidental, exemplary, punitive or consequential damages;

   • Any loss of profits, revenue, data, goodwill or other intangible losses;

   • Any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services;

   • Any damages related to loss or corruption of any content or data.

   • Any User Content or other conduct of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content

   • Any Third Party Services or third party sites accessed via the Services.

18. Indemnification

1. To the fullest extent permitted by law, you agree to indemnify and hold harmless Blutui from and against all damages, losses and expenses of any kind (including without limitation reasonable legal fees and costs) arising out of or related to:

   • your breach of this Agreement;

   • your User Content, Your Websites

   • any claims from your End Users; and

   • your violation of any law or regulation or the rights of any third party

19. Further terms

1. These Terms constitute the entire agreement between you and Blutui regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.

2. Controlling Law. These Terms shall be governed in all respects by the laws of New Zealand.

3. Waiver, Severability and Assignment: Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights under these Terms to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

4. Modifications: We may modify these Terms from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Terms. If you disagree with our changes, then you should stop using the Services.

5. Translation. These Terms were originally written in English (UK). We may translate these Terms into other languages. In the event of a conflict between a translated version and the English version, the English version will apply.