Eligibility

You are not eligible to use the Site if doing so would violate any law or regulation, including but not limited to export controls or restrictions. This Site is not intended for use for individuals under the age of 18. You must be over the age of 18 to register an account on the Site. By registering an account, you represent that you meet this minimum age requirement.

User Account Responsibility

You are responsible for maintaining the security and confidentiality of your account and password, and you are fully responsible for all activities that occur under your account, whether by you or anyone else. You may not create or use an account for anyone other than yourself. You must immediately notify BlueFoot of any unauthorized uses of your account or any other breaches of security. BlueFoot will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of these acts or omissions. BlueFoot will not be liable for any loss that you or any other third party may incur as a result of someone else's use of your account or password, either with or without your knowledge. BlueFoot may hold you liable for any losses incurred by BlueFoot or any other party due to someone else's use of your account or password.

License

As long as you are in compliance with these terms and other applicable BlueFoot policies, we grant to you a limited, revocable, non-assignable, non-transferrable, non-sublicenseable, non-exclusive license to use the Site, and to access and receive services that are intended for public display or access. Any rights not explicitly granted to you in these terms are strictly withheld and reserved by BlueFoot.

You agree that: (1) you will not copy or distribute any part of the Site or services in any medium without our prior written authorization, except as is necessary to your normal use of the Site; (2) you will not alter or modify any part of the Site other than is necessary to use the Site for its intended purposes; and (3) you will otherwise comply with these terms and all other applicable BlueFoot policies.

Intellectual Property Information

Unless otherwise noted, product names, designs, logos, titles, text, images, audio, video and other content within this Site are the trademarks, service marks, trade names, copyrights, patents, trade secrets, or other property of BlueFoot ("BlueFoot's Intellectual Property") or its third party content providers ("Third Party Intellectual Property"). The "look" and "feel" of the Site (including color combinations, layout, design, and all other graphical elements) are protected by U.S. copyright and trademark law. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of BlueFoot's Intellectual Property or Third Party Intellectual Property displayed on the Site without the written permission of BlueFoot. All rights in and to the Site and its content are retained by BlueFoot. You acknowledge and agree that the contents of this Site, including BlueFoot's Intellectual Property and Third Party Intellectual Property, are protected by the copyright laws of the United States and other foreign jurisdictions. For additional information on the Site's copyright protections, refer to the copyright notice in the Site footer.

Note that no portion may be reproduced in any form, or by any means, without the prior written consent of BlueFoot. You may download single copies of material contained on this Site for non-commercial, personal use provided that you also retain all copyright and other proprietary notices contained on the materials.

BlueFoot, if required or appropriate, may take the following actions: (1) removing the infringing material or disabling all links to the infringing material or (2) terminating a user's access to and use of the Site if, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of BlueFoot or others.

Data Export

Data export is limited to certain eligible paid user accounts. BlueFoot reserves the right to change the file format or formats available for download on the Site at any time, without notice.

User Submissions

Any content, material, information, or other communication, including, without limitation, data, user-entered search queries, questions, comments, feedback, suggestions, or the like (collectively, the "Communications"), that you transmit or post to this Site will be considered non-confidential and non-proprietary. If you transmit or post any Communications to this Site, you grant BlueFoot a world-wide, royalty free, fully paid, perpetual, irrevocable, and fully assignable, transferable and sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, display, and otherwise exploit those Communications throughout the world in any form, media, or technology, whether now known or hereafter devised or developed. BlueFoot will have no obligations in connection with any of the Communications, including, to the extent permitted by law, any obligation to retain or provide you with copies of your Communications or to guarantee any confidentiality with respect to your Communications.

BlueFoot cannot prevent the "harvesting" of information from this Site, and you may be contacted by BlueFoot or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Furthermore, any Communications, including all data, images, sounds, text, and other things embodied therein, may be edited by or on behalf of BlueFoot, may or may not be posted to this Site and may be used by BlueFoot for any purpose, including, reproduction, disclosure, distribution, transmission, publication, broadcast and posting, all at the sole discretion of BlueFoot. The Communications may be used by BlueFoot for any and all commercial or non-commercial purposes including, but not limited to, developing, manufacturing, and marketing products using this information.

Acceptable Use Policy

You are prohibited from:

• Using the Site in any way that violates applicable laws or regulations;
• Posting or transmitting to this Site any Communications that are unlawful, threatening, libelous, defamatory, obscene or pornographic or that would otherwise violate any law;
• Posting or transmitting any Communications that could constitute or encourage conduct that would be considered harmful, fraudulent, infringing, offensive, illegal or give rise to civil liability;
• Posting or transmitting any Communications that contain any viruses, worms, malware, Trojan horses or other harmful, destructive or contaminating content;
• Posting or transmitting any unsolicited messages, promotions, advertising, or solicitations (like "spam") or that is machine- or randomly-generated;
• Copying, modifying, publishing, transmitting, distributing, transferring, selling, creating derivatives of, or in any way exploiting, any material accessible through the Site not submitted or provided by you, including by use of any robot, spider, scraper, scripting, deep link or other similar automated gathering or extraction tools, program, algorithm or methodology, unless you obtain BlueFoot's prior written consent;
• Using the Site to advertise, market, sell or otherwise promote any commercial enterprise that you own, are employed by or are otherwise compensated by, either directly or indirectly;
• Using this Site in any way to violate the security or integrity of any network, computer or communications system, software application, or network or computing device or otherwise attempt to disrupt or tamper with BlueFoot servers;
• Modifying, adapting, translating, copying, reverse engineering, scraping, crawling, decompiling, or disassembling any portion of the Site;
• Attempting to probe, scan, or test the vulnerability of a system or network of the Site or attempting to breach security or authentication measures without proper authorization;
• Taking any action that imposes, or may impose, in BlueFoot's sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• Attempting to gain unauthorized access to any of the Site or other accounts through hacking, password mining or other means;
• Using or encouraging, promoting, facilitating, or instructing others to use the Site in any matter not explicitly permitted under these terms.

BlueFoot has the right (but not the obligation) to monitor activity on the Site and investigate any violation of this Agreement or misuse of the Site. If you become aware of any violation of this Agreement or misuse of the Site, you must immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. BlueFoot will cooperate fully with any law enforcement authorities or court order requesting or directing BlueFoot to disclose the identity of or help identify or locate anyone posting any information or materials. BlueFoot further has the right (but not the obligation) to refuse or remove any Communications from this Site or terminate or deny access to and use of the Site for any reason. BlueFoot is under no obligation to enforce these terms on your behalf against another user. BlueFoot reserves the right to take appropriate action in its sole discretion.

You hereby represent and warrant that (a) your use of the Site will not infringe the proprietary rights of any third party; (b) your use of the Site will be in strict accordance with these and any other applicable terms and with all applicable laws and regulations; and (c) that any Communication you post or transmit to the Site is accurate.

Notwithstanding the foregoing rules of conduct, BlueFoot retains an unlimited right to terminate your access to the Site, subject to applicable law, which shall not be limited to violations of the Acceptable Use Policy above.

User Responsibility

BlueFoot has not reviewed, and cannot review, all of the Communications and material posted by third parties to the Site, and therefore cannot be responsible for its content, use or effects. By operating the Site, BlueFoot does not represent or imply that it endorses the material there posted, or that it believes the material to be accurate, useful, lawful, or non-harmful. Neither BlueFoot nor any of this third party suppliers guarantees, endorses, or is otherwise responsible or liable for the accuracy, completeness, timeliness, reliability, availability, or usefulness of any Communications and material accessible through the Site.

Additionally, the information provided on this Site by BlueFoot speaks only as of the respective dates on which the information was first created. This information can become out-of-date. BlueFoot makes no commitment, and disclaims any duty, to update any of this information, except as expressly stated on this Site. You use this Site at your own risk and are responsible for taking precautions as necessary to protect yourself and your computer systems.

Use of Personally Identifiable Information

Information submitted to BlueFoot on this Site is governed according to BlueFoot's Privacy Policy.

Links to Other Materials

The Site may contain links to the websites of third parties on which you may be able to obtain information or use services. The linked sites are not under the control of BlueFoot, and BlueFoot is not responsible for the content, including, without limitation, the truthfulness or accuracy of any statement or other content, of any linked site or any link contained in a linked site. BlueFoot reserves the right to terminate any link or linking program at any time. BlueFoot has not reviewed all the information contained in the linked sites and does not endorse the companies, products, or sites to which it links and reserves the right to note throughout the Site. If you decide to access any of the third-party sites linked to our Site, you do this entirely at your own risk.

Disclaimer and Limitation of Liability

USE OF THIS WEBSITE IS AT YOUR OWN RISK. BY USING THE SITE, YOU AGREE AND ACKNOWLEDGE THAT THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE CASE OF DISSATISFACTION WITH THIS SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUANCE OF ACCESS TO OR USE OF THE SITE.

WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL BLUEFOOT OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BlueFoot assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites. BlueFoot and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the materials posted, set forth, downloadable or linked to this Site. BlueFoot may make changes to or discontinue any or all of these materials, or the products described therein, at any time without notice. BlueFoot makes no commitment to update the information on this Site.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, SUCCESSORS, LICENSORS, BUSINESS PARTNERS, HEIRS, OR ASSIGNS (COLLECTIVELY, THE "RELATED PARTIES") BE LIABLE TO YOU BASED ON OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR SERVICES, EVEN IF WE OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW, AND ARE VOID WHERE PROHIBITED.

Indemnification

You agree to indemnify, defend, and hold harmless BlueFoot, its contractors, and its third-party suppliers, and their respective directors, officers, employees, and agents from and against any and all claims, costs, liabilities and expenses (including attorneys' fees) arising out of your use of the Site, including but not limited to your violation of these terms. BlueFoot reserves the right, at your expense, to control the defense of these claims. You agree not to settle any claims without BlueFoot's written consent. You agree to notify BlueFoot immediately in writing of any claims. This defense and indemnification obligation will survive these terms and your use of the Site.

Termination

BlueFoot may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effectively immediately. If you do not have a user account on this Site and if you wish to terminate these terms, you may simply discontinue using the Site. If you have a user account on this Site and if you wish to terminate these terms, you agree to request deletion of your account from the Site. All provisions of these terms which by their nature should survive termination shall survive, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Applicable Laws, Disputes, and Jurisdiction

This Site is controlled by BlueFoot, a business located in the State of Delaware within the United States of America. BlueFoot does not make any representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where the content of this Site is illegal is prohibited. Although this Site may be viewed internationally and may contain references to products and services not available in all countries, references do not imply that BlueFoot intends to make products or services available in all countries and territories. You may neither use, export nor re-export the materials at this Site, nor may you use any copy or adaptation of materials, in each case, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

You agree that any claim or dispute arising out of or relating in any way to your use of the Site, or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.

Except to the extent applicable law provides otherwise, these terms, any access to or use of the Site, will be governed by the laws of the State of Delaware within the United States of America, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal course located in Delaware. YOU UNDERSTAND AND AGREE TO SUBMIT TO ARBITRATION PROCEEDINGS TO SETTLE ANY DISPUTES HEREUNDER, THAT ARBITRATION WILL BE IN LIEU OF LITIGATION, AND EACH PARTY HEREBY WAIVES THE RIGHT TO SUE IN COURT IN FAVOR OF THE ARBITRATION PROCEEDING EXCEPT AS PERMITTED UNDER THIS AGREEMENT. Arbitration under this Agreement will be conducted by the American Arbitration Association ("AAA") under its rules then in effect. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address:

Notwithstanding the foregoing, you agree that we may sue in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Site or us, may only be brought by you in a state or federal court located in Delaware. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN DELAWARE.

General

If any part of these terms is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these terms or any breach thereof, in any one instance, will not waive term or condition or any subsequent breach thereof. You may not assign or otherwise transfer your rights under this Agreement to any party, including by operation of law. BlueFoot may assign or otherwise transfer its rights under this Agreement without condition. This Agreement will be binding upon and will inure the benefit of the parties, their successors and permitted assigns.

These terms were last updated August 2024.

Use of aggregated or de-identified data for statistical purposes

We may disclose or use aggregated or de-identified information for statistical purposes or analyses in a way that will no longer refer to an individual and that the results of which are not used for decisions affecting a particular person or groups of persons. For certain eligible paid user accounts, we reserve the right to exclude their Personal Data from the aggregated or de-identified information used for statistical purposes or analyses.

BlueFoot's role as a data processor or data controller

Depending on the circumstances, BlueFoot may process your Personal Data as data controller or as data processor. When BlueFoot is a processor on another controller's behalf, BlueFoot's processing is governed by terms outlined in a specific data processing agreement with the responsible data controller.

Applicability of this Privacy Notice

This Privacy Notice applies to Personal Data we collect from various sources, including the following:

1. on our public website;
2. through our client and supplier-facing applications and tools;
3. from communications you send us;
4. when you interact with our advertising or applications on third-party websites and service platforms, if they include links to this notice; and
5. through your contractual relationship with us, as applicable.

Categories of Personal Data

The Personal Data we process is primarily business contact information, such as email address, username, name and business contact information, from our clients and suppliers and information you and our customers provide when using our products, accessing our websites, and other applications.

In some cases, a BlueFoot client may upload and store its own or another entity's or individual's Personal Data on a BlueFoot platform or service. For BlueFoot products where this is possible, or for any other scenario where BlueFoot may act as a processor, the collection of and categories of Personal Data will be governed by a specific data processing agreement between BlueFoot and the client. We also collect and collate information (including some Personal Data) from third-party suppliers and public sources. BlueFoot does not market to or knowingly collect personal data of Individuals under the age of 18. If you navigate through and interact with our Site and some of our products, we may use automatic data collection technologies to collect certain usage information about your equipment, browsing actions, and patterns. Automatic data collection is carried out through the use of cookies and related technologies.

Use of your personal information

We process Personal Data primarily to provide our services to our clients, to fulfill our contractual obligations, and to improve our products and offerings. Specifically, BlueFoot uses Personal Data to:

• provide client services, such as our SaaS data, analytics, and technology solutions, evaluate and process requests regarding implementation, projects, or change requests; to process payments, technical support, or other similar purposes; and to establish and maintain client accounts;
• address your inquiries associated with the information you provide to us;
• provide training and after-sales-support on our products and answer to and perform change requests;
• to enable users to access and use web applications hosted by us for and behalf of our clients;
• communicate with clients and suppliers, including responding to requests for assistance and to update them about the status of their orders by postal mail, email, telephone, or text message;
• investigate, prevent, or act regarding unauthorized use of our services, illegal activities, suspected fraud, or situations involving potential threats;
• provide you with underlying tools and applications helping to implement projects and resolve incidents;
• provide our content services to our clients and to report and administer clients' usage of third-party information products;
• to enhance the experience for our users, we use notes relating to support provided to specific employees, advisors, or agents of clients in relation to our products and services for their future use of our services;
• to the extent it is lawful to do so, market and promote our products including through email or equivalent electronic means, to send news and newsletters, special offers and promotions, or to otherwise contact clients about products, services, or information;
• process, evaluate and complete certain transactions involving the Site, and more generally transactions involving BlueFoot's products and services;
• operate, evaluate, maintain, improve, and develop the Site (including by monitoring and analyzing trends, tracking user behavior, access to, and, where lawful to do so, use of the Site for advertising and marketing);
• facilitate the job application process;
• provide users with documentation or communications which they have requested, or which is part of a product;
• correspond with users to resolve their queries or complaints;
• protect the security of the Site, BlueFoot confidential and proprietary information (which may include Personal Data), and BlueFoot employees;
• manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations;
• share your Personal Data with third parties in connection with potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case Personal Data held by us about our users may be one of the transferred assets.

Legal Basis for processing Personal Data

BlueFoot relies on different legal bases for processing of Personal Data depending on the business purpose:

1. the processing is necessary to perform a contract with you or take steps to enter into a contract at your request;
2. the processing is required to allow you access and to use our services, products, or specific applications;
3. the processing is necessary for us to comply with a relevant legal obligation;
4. the processing is in our legitimate interests, which are not overridden by the interests and rights of the relevant individual whose Personal Data is collected; and
5. you have consented to the processing, e.g. for marketing purposes.

Where we rely on our legitimate interests to process Personal Data, those interests are:

• to use supplier, client, and website user data to conduct and develop our business activities and improve our services in order to grow our business and profitability; and
• to use third party suppliers and publicly available content (which in some instances includes Personal Data) to provide our content services to customers for their business purposes.

Where BlueFoot stores and processes your Personal Data

BlueFoot has remote employees working in many countries and your Personal Data may be stored and processed outside your home country. We have networks, databases, servers, systems, support, and help desks located at many of our business locations. We use third parties for cloud storage and support and sales tools. We take appropriate steps to ensure that Personal Data is processed, secured, and transferred according to applicable law.

Retention of Personal Data

We keep Personal Data only for as long as required to fulfill the purposes for which it was collected. In general, we retain Personal Data for a period of time corresponding to statutes of limitation, for example to maintain an accurate record of client and supplier dealings. In some circumstances we may retain Personal Data for other periods of time, for instance where we are required to in accordance with legal, tax or accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required in accordance with our document retention policy.

BlueFoot's Third Party Service Providers and Partners

We may disclose Personal Data to other companies that we have engaged to assist us in providing you with our products and services, consistent with the legal bases outlined above. This may include the following service providers:

• billing services;
• transaction managers;
• credit verification services;
• market researchers;
• software and application vendors;
• data center providers and cloud services providers; and
• other third-party service providers

To the extent that third party service providers and partners process Personal Data on behalf of BlueFoot, we enter into data processing agreements with them to regulate the processing and to ensure the security of Personal Data. We do not sell or rent Personal Data to third parties for their own use but may provide certain usage information to advertisers to help provide you with relevant advertising where we are allowed to do so. Usage information, as used in this Notice, is anonymized and aggregated data, which does not identify you in the way Personal Data would.

Security

BlueFoot takes reasonable precautions to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Unfortunately, while we work hard to ensure the security of your Personal Data while it is on our systems, no security measures are perfect, and data transmitted over the Internet is not guaranteed to be 100% secure. We cannot and do not ensure or warrant the security of any Personal Data you transmit, and you do so at your own risk.

Changes to this Privacy Notice

This Privacy Notice may be amended from time to time. Please review it periodically. Changes will be identified by the date at the top of this page.

Contacting BlueFoot

Please also feel free to contact BlueFoot if you have any questions about this Privacy Notice or BlueFoot's privacy practices, or if you are seeking to exercise any of your statutory rights. You may contact us at hello@bluefoot.ai, or at our mailing address below: