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BluePal TERMS OF USE
Last updated: December 17, 2024
We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page and will notify you by email when we make material changes to these Terms of Use. By continuing to use the Service after any changes come into effect, you agree to the revised Terms; if you do not agree with any of the revised Terms, you must stop using the Service.
1. THESE TERMS OF USE. THESE TERMS OF USE (“TERMS OF USE”) ARE A LEGAL CONTRACT BETWEEN YOU AND BluePal. The BluePal website provides its users (each individually a “User” or “Member” and collectively, “Users” or “Members”) with access to workshops, podcasts, newsletters and other paid and no-cost content regarding a wide spectrum of parenting, childhood, and family topics related to parenting children across the Asperger's Spectrum, and it allows subscribers to connect and share with one another on the BluePal platform regarding such topics. The terms “BluePal,” “we,” “us,” and “our” refer to Spectrum, LLC (dba BluePal). The terms “you” and “your” refer to any person accessing and/or using the Service, including accessing or subscribing to Available Content (as such terms are defined in Section 9). We provide the Service to you expressly subject to these Terms of Use, together with our Privacy Policy and our Community Guidelines. “Terms” means these Terms of Use and our Community Guidelines. BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE TERMS, INCLUDING THE PRIVACY POLICY. If you do not or are unable to agree to these Terms, do not use the Service.
NOTE: PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND, FURTHER, THAT: (1) YOU WILL BE PERMITTED TO PURSUE CLAIMS AGAINST BLUEPAL ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS, AND (3) YOU ARE WAIVING YOUR RIGHT TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
The Available Content on this Service is for informational purposes only. As described further in Section 17 below, BLUEPAL is not engaged in rendering therapy services by providing the Service, and your use of the Service does not create any therapist-patient or other treatment relationship between you and BLUEPAL or any of its representatives or agents. We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page and will notify you by email when we make material changes to these Terms of Use. By continuing to use the Service after any changes come into effect, you agree to the revised Terms; if you do not agree with any of the revised Terms, you must stop using the Service.
2. YOUR ACCOUNT. The Service may be accessed and used only by individuals who can form legally binding contracts under applicable laws, are not barred from using the Service under applicable laws or by BLUEPAL and are at least 18 years old. By using this Service, you represent that you meet all these eligibility requirements.
In order to access and use Available Content, materials and services offered on and through the Service, you must register for an account. When you register for an account, you must provide us with some basic information, including your first name and last name, an email address, payment card information, user ID and a password or authentication credentials. You will also have the ability to provide additional optional information in response to questions in connection with onboarding. Please keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password. You are solely responsible for anything that happens if you fail to maintain the security and confidentiality of your account. If someone is using your password or accessing your account without your permission, email us at support@bluepal.app.
3. YOUR PRIVACY. BLUEPAL collects registration and other information about you through the Service. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information.
4. PROHIBITED ACTIVITIES. You agree that you will not (directly or indirectly) use the Service to advertise or disseminate advertisements regarding any offered products or services, or the need for any products or services, regardless of whether you are doing so on a professional or personal basis. For the avoidance of doubt, this prohibition includes (but is no way limited to) advertisements and disseminations of advertisements regarding the offer, purchase, sale, sharing, and/or availability of baby or children's items, nanny services, babysitting services, and other similar products and services. Additionally, you agree that you will not (directly or indirectly) use the Service: (i) to advertise or disseminate advertisements regarding any other types of promotional materials, 'pyramid schemes', 'junk mail', and 'chain letters'; (ii) to advertise or disseminate advertisements or messages of a political nature, including, but not limited to, disseminating information on political rallies, marches, protests, and/or other political events; (iii) for any unlawful purpose or for any purpose that would give rise to civil liability; (iv) to solicit others to perform or participate in any unlawful acts; (v) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (vi) to submit false or misleading information, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or via the Service; (vii) to upload or transmit viruses or any other type of malicious code that may be used in any way to affect the functionality or operation of the Service; (viii) other than for your use of the Service as expressly permitted in these Terms, to access or attempt to access any systems or servers on which the Service is hosted or modify or alter the Service in any way; (ix) or to spam, phish, pharm, pretext, spider, crawl, data-mine, or scrape; (x) to interfere with or circumvent the security features of the Service or services of third-party service providers; (xi) to damage, disable, overburden, or impair BluePal's servers or networks or those of third-party service providers; (xii) to defame, abuse, harass, stalk, threaten, or otherwise violate the dignity or legal rights (such as rights of privacy and publicity) of others; (xiii) to use language, images, or other content that BluePal in its sole discretion deems insensitive, offensive, obscene, sexually explicit, or otherwise inappropriate or inconsistent with BluePal's brand or its community guidelines; or (xiv) to post anything that exploits children or that depicts cruelty to animals. For additional information on acceptable and unacceptable Service activities, please see our Community Guidelines.
5. USER CONTENT, LIVE EVENTS, AND CONDUCT OF OTHERS
At BluePal, we value community. Within any community two things are true: Disagreements are natural and respect is required. By using our Service or purchasing and attending, or participating in, live event workshops, Club meetings or Support Sessions (as defined in Section 6), or any other BluePal events (each an “Event” and collectively, “Events”), you agree to conduct yourself in a productive and respectful manner and otherwise in accordance with these Terms.
If we become aware of User Content (as defined in Section 8 below) that is inappropriate or does not otherwise comply with these Terms, on the Service or conduct at one of our live events, we reserve the right to investigate and take appropriate action, which may include moderating content, and temporary or permanent suspension from our Service or, in the case of an Event, removal of any participant whose comments or behavior are deemed to be inappropriate or disruptive. We may become aware of User Content that is inappropriate or that does not comply with these Terms through our use of automated technologies.
Notwithstanding any of the foregoing, BluePal does not control the User Content or conduct of other Users. We are not required to monitor, police, or remove any User Content or conduct, and we assume no liability for any such User Content or conduct. Additionally, we are not a party to any communications or arrangements made among Users through the Service. We do not conduct or require background checks on Users, and we do not attempt to verify the truth or accuracy of statements made by Users. We make no representations or warranties concerning the conduct or User Content of any Users or their interactions with you.
6. YOUR PARTICIPATION IN CLUBS AND SUPPORT SESSIONS
(a) BluePal clubs (“Clubs”) and BluePal coaching and support sessions (“Support Sessions”)—when available— are groups designed to bring Users together around a topic of shared interest to learn, grow, and support each other. Clubs are facilitated by other Users and are not facilitated by BluePal. Support Sessions are led by BluePal staff members, who in their coaching capacity, facilitate and moderate discussions between Users. Notwithstanding the foregoing, and in accordance with Section 5, BluePal does not control any User Content that is shared during Clubs or Support Session meetings.
(b) By participating in a Club or Support Session or other Event, you acknowledge and agree to the following: (i) Clubs and Support Sessions are designed to allow you to participate in sessions with other Users that address topics of shared interest; (ii) Clubs and Support Sessions are not healthcare, mental health, or therapy services and do not involve diagnosis, assessment, mitigation, or treatment of any health condition, and you will not use a Club or Support Session in place of your medical treatment; (iii) you are fully responsible for your physical and mental wellbeing while you are participating in a Club or Support Session, including for all of your choices and decisions that may arise from or otherwise relate to your participation in a Club or Support Session, and you expressly assume the risks of your participation in a Club or Support Session; (iv) you are responsible for any information you share while participating in a Club or Support Session, including any health or other sensitive information, you provide such information voluntarily and understand that such information may not be protected under any federal or state privacy law, and you have obtained all necessary consents if such information relates to any other person or individual; (v) you will maintain the confidentiality of any information shared by any other User during your participation in a Club or Support Session meeting; (vi) you will act in a courteous and respectful manner towards all Users participating in the Clubs and Support Sessions; and (vii) notwithstanding anything in these Terms to the contrary, you waive and release BluePal, Spectrl LLC, and their employees, directors, and officers, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, you ever had, now have, or will have, arising from your past, present, or future participation in an Event, Club or Support Session, or otherwise with respect to an Event, Club or Support Session. If you do not agree to the foregoing terms, you will not participate in Events, Clubs or Support Sessions. BluePal may terminate your participation in the Club or Support Session, at any time, in its sole discretion, for any reason, including, if you violate these Terms of Use.
7. INTERACTIONS WITH THE BLUEPAL AI CHATBOT
(a) The BluePal Ai Chatbot is an artificial intelligence (“AI”) that leverages machine-learning functionality (“The BluePal Ai Chatbot”). You may choose to interact with The BluePal Ai Chatbot, but such use is not required in order to access other parts of the Service. Your interaction with the The BluePal Ai Chatbot is with an AI system and not a human. When you utilize The BluePal Ai Chatbot, you will get access to the information and questions/answer functionality, which are not a replacement for treatment-focused therapy. The BluePal Ai Chatbot draws on evidence-based professional techniques to provide empathetic and non-judgmental support. The BLUEPAL Ai Chatbot is not perfect and has limitations. The BluePal Ai Chatbot may generate inaccurate or misleading results due to factors like data bias, lack of complete information, or limitations in the underlying technology. The information provided by The BluePal Ai Chatbot is for informational purposes only and should not be solely relied upon for important decisions. The BluePal Ai Chatbot outputs are generated through machine learning processes and are not tested, verified, endorsed, or guaranteed to be accurate, complete, or current by BluePal. You should independently review and verify all The BluePal Ai Chatbot outputs as to appropriateness for any or all of your uses of the output information. You are responsible for verifying the accuracy of any information provided by The BluePal Ai Chatbot and for consulting with a qualified professional when necessary. The BluePal Ai Chatbot input that you enter will be deemed User Content under these Terms.
(b) By interacting with The BluePal Ai Chatbot, you acknowledge and agree to the following: (i) The BluePal Ai Chatbot is designed to offer general advice and support and cannot offer advice outside the BluePal library of resources; (ii) The BluePal Ai Chatbot is not intended to replace face-to-face psychotherapy or professional Registered Behavioral Therapist support, diagnose, prognosis, treat, or cure a disease/condition/disorder or disability, or provide any type of state-regulated mental health services in your country of residence; (iii) you are fully responsible for your physical and mental wellbeing while you are interacting with The BluePal Ai Chatbot including for all of your choices and decisions and you expressly assume the risks of your interaction with The BluePal Ai Chatbot; (iv) you will use commercially reasonable efforts to keep your conversations private and your device secure by following the best practices outlined in the Privacy Policy; (v) you first consulted a healthcare professional before using The BluePal Ai Chatbot if you have any medical conditions, including but not limited to severe mental or physical conditions or disorders; and (vi) notwithstanding anything in these Terms to the contrary, you waive and release BluePal and Spectrl LLC, and their employees, directors, and officers, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, you ever had, now have or will have, arising from your interaction with The BluePal Ai Chatbot. Due to the nature of the AI features, BluePal cannot represent or warrant that the The BluePal Ai Chatbot output will not (a) incorporate or reflect third-party content or materials or (b) infringe third-party intellectual property rights. If you do not agree to the foregoing terms, you will not interact with The BluePal Ai Chatbot. BluePal may terminate your access to The BluePal Ai Chatbot at any time, at its sole discretion, for any reason, including if you violate these Terms.
(c) You acknowledge and agree that we may use your data to train and improve The BluePal Ai Chatbot and machine learning algorithms. This usage will be exclusively for the purpose of enhancing the performance and functionality of our Services offered to you and other users. You understand and agree that we may transfer, store, and process minimal data outside your region to enable us to provide Services. These could be regions where data protection laws may be less stringent than those in your country. Such data handling will be based on our Privacy Policy
(d) If you or your child[ren] are having suicidal thoughts or planning to act on suicidal thoughts, or if you feel that you may be a danger to yourself or to others, or if you otherwise have any medical or mental health emergency or severe mental health condition, or if you are in a crisis or trauma or abuse, please discontinue interacting with The BluePal Ai Chatbot immediately and call the relevant emergency number in your country or the approved helplines provided by your Institution.
8. YOUR USER CONTENT
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Service or at an Event (“User Content”) and through the services available in connection with this Service. You may not upload, post or otherwise make available on this Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Content that you make. You have full responsibility for any and all User Content you make, including its legality, reliability and appropriateness.
You agree that any User Content provided by you in connection with this Service is provided on a non proprietary and non-confidential basis. You hereby grant to BluePal a non-exclusive, perpetual, irrevocable, transferable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others, including third-party service providers, to use the User Content. We may modify or adapt your User Content in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the User Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.
9. SERVICE USE RESTRICTIONS AND INTELLECTUAL PROPERTY
(a) As used in these Terms, “Service” means: (i) the websites www.bluepal.app, along with our related websites and any future affiliated website(s), including all webpages on such websites (collectively, the “Websites”), hosted applications, mobile and other downloadable applications (collectively, the “Apps”); and (ii) the workshops, lessons, podcast episodes, videos, audio files, scripts, newsletters, articles, documents, photos, and other content made available to you, on a paid or non-paid basis, for your informational and instructional use (collectively, the “Available Content”); (iii) The BluePal Ai Chatbot and (iv) any current or future public forum(s) hosted on, or as part of, the Service.
(b) All Available Content and other aspects of the Service are protected by copyright and owned, controlled, or licensed by BluePal. You may not: (i) sell, rent, lease, copy, reproduce, hyperlink, frame, republish, upload, post, modify, transmit, translate, encode, publicly display, or distribute in any way via any medium any Available Content or any other part of the Service without BluePal's express prior written consent; (ii) remove any proprietary notices or labels on the Available Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used on or as part of the Service; or (iv) use the Service for any commercial or illegal purpose.
(c) Some Available Content is in “streaming” format, which means that it is made available to you as a contemporaneous digital transmission via the Internet from the Service to your device for personal viewing in real-time. Except as expressly set forth below, you may not download any Available Content or any other part of the Service without BLUEPAL'S express prior written consent: Certain Available Content may specifically indicate that downloading is permitted. In such cases, you may download one copy of such Available Content on any single device for your personal, non-commercial use only, so long as you keep intact all copyright and other proprietary notices.
(d) The Available Content and all other aspects of the Service, including any and all trademarks, logos, text, images, graphics, music, data, software, source code, and other information available through or as a part of the Service, and including the design, structure, selection, coordination, expression, “look and feel”, and arrangement of the Service, are the sole property of BluePal and/or its licensors, are protected by copyright, trademark, and other intellectual property laws, and may not be used except in accordance with these Terms or with BluePal's express written consent. Subject to your compliance with these Terms, BluePal grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to: (i) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (ii) use the Service in order to access and use Available Content, in each case of (i) and (ii), solely for your personal, non-commercial purposes. Other than as necessary for your use of the Service in accordance with these Terms, BluePal grants you no other privileges, licenses, or rights in and/or to the Service, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Service.
(e) You acknowledge and agree that any breach of any provision of this Section 9 would result in irreparable harm to BluePal, for which money damages alone would be an inadequate remedy, and, therefore, you agree that BluePal is entitled to injunctive relief to prevent or restrain any breach or threatened breach of this Section 9, in addition to any other remedies available at law or in equity.
10. AVAILABILITY AND STREAMING QUALITY OF AVAILABLE CONTENT
BLUEPAL regularly updates the Available Content on the Service. Additionally, BluePal may test certain Available Content or Service features by making them available to you for limited periods of time. In all cases, BluePal reserves the right to make changes to, or remove from the Service, any or all Available Content at any time without notice and without liability to you or third parties. The playback resolution and quality of the Available Content depends on a number of factors. BluePal makes no guarantee as to the resolution or quality of the Available Content you will receive when streaming, even if you have paid for access to such Available Content.
11. PAID CONTENT AND SUBSCRIPTION SERVICES
BluePal offers monthly and annual subscription access to fee-based Available Content for a fee payable in advance on a monthly basis or on an annual basis. In addition, Members may have the ability to purchase additional sessions or services for additional fees and such additional sessions or services may be subject to additional terms that must be agreed upon in order to access the additional session or services. Except as expressly set forth herein, all fees are non-refundable once paid. All fees are in U.S. dollars. Any promotional or “trial basis” discounts offered are temporary and will terminate at the end of the applicable promotional period, but may be terminated earlier in BluePal's sole discretion. You agree to pay the applicable monthly or annual subscription fee in exchange for access to the relevant Available Content. The fee we will initially charge you for your subscription will be the price posted on the Service on the date that you register as a Member. You may pay for your subscription fee only with credit and debit card payments (Visa, MasterCard). In order to process your payment, we may use a third-party payment processor. Our current payment processor is Stripe ( https://stripe.com ). Stripe will collect, use, and process your information, including payment information, in accordance with Stripe's privacy policy (which may be accessed at https://stripe.com/privacy ), and Stripe's terms of service (which may be accessed at https://stripe.com/legal/consumer ). We will charge your credit or debit card for your first subscription fee on the date that we process your order for your subscription (or if you sign-up for a subscription using a Gift Card or for a subscription that includes a free-trial period, we will charge your credit or debit card for your first subscription fee upon the expiration date of the applicable Gift Card period or free-trial period). Once your credit or debit card is charged the first subscription fee (or if you sign-up for a subscription using a Gift Card or a subscription that includes a free-trial period, once we have processed your order for your subscription), you will receive a confirmation e-mail notifying you of your ability to access those subscription- or Member-only portions of, and fee-based Available Content on, the Service.
IMPORTANT NOTICE: BluePal WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP ON EACH MONTHLY OR YEARLY (AS APPLICABLE) ANNIVERSARY OF THE DATE THAT BluePal FIRST CHARGES YOUR CREDIT OR DEBIT CARD FOR THE FIRST SUBSCRIPTION FEE AND, AS AUTHORIZED BY YOU DURING THE MEMBERSHIP SIGN-UP PROCESS, BluePal WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE QUARTERLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE). IF YOU SIGN UP FOR A SUBSCRIPTION VIA A GIFT CARD OR A SUBSCRIPTION
THAT INCLUDES A FREE-TRIAL PERIOD, UNLESS YOU HAVE CANCELED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE GIFT CARD PERIOD OR FREE-TRIAL PERIOD, AS AUTHORIZED BY YOU DURING THE MEMBERSHIP SIGN-UP PROCESS, BluePal WILL AUTOMATICALLY CHARGE YOU FOR THE FIRST MONTHLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE UPON THE EXPIRATION OF THE GIFT CARD PERIOD OR THE FREE-TRIAL PERIOD (AS APPLICABLE) AND EACH SUBSEQUENT MONTHLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE ON THE MONTHLY OR YEARLY (AS APPLICABLE) ANNIVERSARY OF THE DATE OF THE FIRST BILLING. EACH SUBSCRIPTION RENEWAL PERIOD IS FOR ONE MONTH OR ONE YEAR. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS OR BY CONTACTING BLUEPAL AT SUPPORT@BLUEPAL.APP (ATTN: LEGAL) PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT MONTHLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM. BluePal REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT MONTHLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT MONTHLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION TERM.
AUTOMATIC RENEWAL TERMS: To facilitate continuity of service to you, each Gift Card membership or free-trial membership that becomes a paid membership subscription, and each paid membership subscription, contains automatic renewal terms. You agree that you will be charged the fee you agreed to (depending on your particular subscription agreement) for the length of time you agreed to, and that your subscription will automatically renew on those same terms until you cancel at any time by emailing support@bluepal.app (Attn: Legal), or through your Account Settings page, and you have read and agree to our Terms of Use and Privacy Policy. You represent and warrant that you are authorized to use the payment method designated, and you authorize BluePal and our designated third-party payment processors to charge your designated payment card now and upon each renewal for the total amount of any fees you owe to BluePal, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your access to the Available Content may be terminated. For subscription services, unless you submit a nonrenewal notice through the Service prior to the end of the then-current subscription term, your subscription will automatically renew. Applicable fees for such renewals will be at BluePal's then-current rates. If your subscription is not renewed, a cancellation will be effective on the next renewal date of your subscription following your notice of cancellation and your access to the fee-based Available Content will terminate at the end of your then current subscription term. BluePal reserves the right, in its sole and absolute discretion, to change its subscription plans or adjust its access fees or subscription fees at any time (but not the price in effect for your then-current subscription term). Any such changes will take effect following notice to you.
CANCELLATION TERMS: YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY GOING TO YOUR ACCOUNT SETTINGS PAGE OR EMAIL SUPPORT@BLUEPAL.APP (ATTN: LEGAL) FOR ASSISTANCE, EXCEPT THAT YOU WILL BE CHARGED SUBSCRIPTION FEES UNTIL THE EXPIRATION OF YOUR THEN CURRENT SUBSCRIPTION TERM AND SUBSCRIPTION FEES WILL NOT BE REFUNDED, IN WHOLE OR IN PART, SUBJECT TO APPLICABLE LAW. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT SUBSCRIPTION TERM. BLUEPAL REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR MEMBERSHIP BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR MEMBERSHIP BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.
Refunds. BluePal is confident that a BluePal membership subscription will provide you with helpful resources and community. However, if you do not find the tools and support you need, email us at support@bluepal.app and let us know. If you signed up for the Service via BluePal's Websites, email us within the first 14 days of initiation of your subscription stating that you want to discontinue your membership and we are unable to resolve your concern, we will offer you a full refund (“BluePal Guarantee”). Please allow approximately 3-5 business days for your refund to be processed and the refund will be applied to the payment card used to purchase the subscription. Refunds are not available on your subscription 14 days after purchase. Notwithstanding the foregoing, BluePal reserves the right to deny you a BluePal Guarantee refund if BluePal, in our sole discretion, determines or has a reasonable belief that you have already redeemed the BluePal Guarantee using your current account or via a new account you create. If you signed up for the Service via an App, any refund is subject to the applicable third party's return policy. You can cancel within the settings of the applicable App store from which you purchased the subscription. For support in canceling, contact the applicable App store directly for assistance. The App from which you purchased your subscription is solely responsible for making refunds under its refund policy, and BluePal will have no refund obligations for any such purchases. BluePal is not liable for the Apps' compliance or noncompliance with their own refund policies, and you release BluePal from any claim relating to such policies. Regardless of which entity (BluePal or the applicable App store) issues the refund, your membership benefits will expire upon the processing of your refund. For sake of clarity, you may not redeem or request more than one BluePal Guarantee refund from either entity under your current account nor create multiple accounts for the purpose of repeatedly taking advantage of the refund set forth in this Section or otherwise avoiding payment obligations under this Agreement.
12. GIFT CARDS
By purchasing, accepting or using a BluePal gift card in physical or digital form (“Gift Card”), and in consideration for your right to use such Gift Card, you agree to be bound by these Terms of Use. All BluePal Gift Cards expire on the date that is 1 years after issuance of such Gift Card. Gift Cards are not redeemable or refundable for cash or credit, unless required by law. Gift Cards may be redeemed only for 1 year or 1 quarter BluePal memberships. You must have a BluePal online account to redeem a Gift Card, and for automatic subscription renewal purposes, you will be required to enter credit card or debit card information to open a BluePal account. BluePal Gift Card memberships are subject to automatic renewal in accordance with the terms set forth in Section 11 above. WITHOUT LIMITING THE TERMS OF SECTION 11, WHICH YOU SHOULD REVIEW IN FULL, UNLESS YOU HAVE CANCELED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE GIFT CARD PERIOD, AS AUTHORIZED BY YOU DURING THE MEMBERSHIP ACCOUNT SIGN-UP PROCESS, BLUEPAL WILL AUTOMATICALLY CHARGE YOU FOR THE FIRST MONTHLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE UPON THE EXPIRATION OF THE GIFT CARD PERIOD AND EACH SUBSEQUENT MONTHLY OR YEARLY (AS APPLICABLE) SUBSCRIPTION FEE ON THE MONTHLY OR YEARLY (AS APPLICABLE) ANNIVERSARY OF THE DATE OF THE FIRST BILLING. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS OR BY CONTACTING BLUEPAL AT support@bluepal.app (ATTN: LEGAL) PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART.
13. COMMUNICATION
(a) By entering Your phone number and submitting the form related to text messages, You consent to receive marketing text messages from BluePal at the number provided, including SMS and MMS messages sent by autodialer. Consent is not a condition of any purchase. Message & Data rates may apply. Message frequency will vary. BluePal reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. BluePal also reserves the right to change the telephone number or short code from which messages are sent. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. You understand that text messages are not secure and are not encrypted communications. As a result, text messages may be subject to interception by third parties. BluePal, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. If you need help, simply text HELP.
(b) To cancel or opt-out of receiving on-going text messages, you agree to reply STOP to our telephone number. After texting STOP to opt-out of text messages, you understand and agree that you will receive one additional message confirming that your opt-out request has been received. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the word STOP, and You agree that BluePal and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from BluePal through any other programs you have joined until you separately unsubscribe from those programs.
(c) When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device's “settings” page.
(d) BluePal may leverage third-party service providers such as Klaviyo, Inc. (“Klaviyo”) to perform all or parts of the obligations set forth in this Section 13. Communications carried out by Klaviyo are subject to Klaviyo's terms of service available at: https://www.klaviyo.com/legal/terms-of-service .
(e) When you engage with The BluePal Ai Chatbot, you are acknowledging that the responses provided by The BluePal Ai Chatbot are generated by an AI and may not always be accurate or appropriate for your situation. While The BluePal Ai Chatbot aims to offer helpful advice, it is not a substitute for professional therapy or medical advice. It is essential to consult with a qualified professional for personalized support.
14. THIRD-PARTY LINKS; AFFILIATE ADVERTISING
The Service contains links to websites, tools, and resources operated by parties other than BluePal. In order for BluePal to provide the Service to you, BluePal may link to, incorporate, or integrate third party services such as Tolstoy Ltd. (“Tolstoy”) and Zoom Video Communications, Inc. (“Zoom”). By using these tools and features, you may be subject to certain terms and policies, including Tolstoy's terms of service (available at https://www.gotolstoy.com/terms-of-use ) Zoom's terms of service (available at https://explore.zoom.us/en/terms/ ), Zoom's acceptable use guidelines (available at https://explore.zoom.us/en/community-standards/ ), and all other applicable guides, statements, notices, and policies located at zoom.us/legal. By using the third-party tools or functions, you hereby authorize BluePal to transfer your information to the applicable third-party service. Third-party services are not under BluePal's control, and, to the fullest extent permitted by law, BluePal is not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under BluePal's control, and BluePal is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, BluePal will have no control over the information that has been shared.
Many of the websites we link to are operated by third parties that pay BluePal fees when you purchase their products after clicking on a link from our Service. Participating in affiliate advertising makes it possible for BluePal to continue providing you with relevant and valuable Available Content. We may also allow unaffiliated third parties, such as [Brilliant Gifts, LLC] (“Brilliant”), to sell BluePal branded merchandise. Notwithstanding the foregoing, BluePal does not control such third-party websites, tools, products, merchandise, services or resources, and WE ARE NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, SERVICES, OR INFORMATION OFFERED BY ANY SUCH THIRD PARTIES. Neither the inclusion on the Service of links to such third-party websites nor our participation in affiliate marketing programs with such third parties shall be construed as BluePal's endorsement of any such third-party content, products, or services. IF YOU ACCESS, PURCHASE OR USE ANY THIRD-PARTY PRODUCTS, MERCHANDISE, SERVICES OR RESOURCES, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND WE SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR ACCESS, PURCHASE OR USE OF SUCH THIRD-PARTY PRODUCTS, MERCHANDISE, SERVICES OR RESOURCES. Additionally, note that you will be subject to the terms and conditions and the privacy policies imposed by such third parties. For instance, you can review Brilliant's separate and additional terms here: https://www.brilliantmade.com/terms/terms . Complaints, claims, concerns, or questions regarding third-party products and transactions with third parties should be directed to the third party.
15. UNSOLICITED INFORMATION
From time to time, you may send us unsolicited information or materials, including, without limitation, ideas or suggestions related to new or improved services, enhancements, names, technologies, advertising and marketing campaigns, plans, or promotions (collectively, “Unsolicited Information”). Notwithstanding the foregoing, BluePal does not want to receive confidential or proprietary information from you, and you agree never to send to BluePal any User Content that would violate or infringe any copyrights, trademarks, or any other intellectual property rights or other rights of third parties, including, without limitation, the rights of publicity or privacy. By sending BluePal any Unsolicited Information you grant to BluePal, its affiliates and subsidiaries, an unrestricted, irrevocable, perpetual, worldwide license to use, reproduce, display, perform, modify, transmit and distribute such Unsolicited Information, and you also agree that BluePal is free to use any ideas, concepts, know-how or techniques that you send to it for any purpose, without attribution or compensation to you of any kind. BluePal has no obligation to review any Unsolicited Information. These provisions do not govern BluePal's obligations with respect to your personal information, which obligations are set forth in BluePal's Privacy Policy.
16. INTELLECTUAL PROPERTY INFRINGEMENT
BluePal respects the intellectual property rights of others, and we ask you to do the same. BluePal may, in appropriate circumstances and at our discretion, terminate16. service and/or access to this Service for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Service, please provide BluePal's designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online Service are covered by a single notification, a representative list of such works at that Service.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Service, and information reasonably sufficient to permit BluePal to locate the material.
Information reasonably sufficient to permit BluePal to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
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 and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
BluePal's agent for notice of claims of copyright or trademark infringement on this Service can be reached as follows:
Attn: We have to pick someone here
CC:
Email: support@bluepal.app
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to BluePal's designated agent that includes all of the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which BluePal may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
BluePal reserves the right, in its sole discretion, to terminate the account or access of any user of our web Service and/or service who is the subject of repeated DMCA or other infringement notifications.
17. NOT PROFESSIONAL ADVICE; NO PROFESSIONAL RELATIONSHIP CREATED
Although this Service may provide information related to mental health and behavioural issues, such information is not intended to constitute or be a substitute for advice from a qualified healthcare provider or professional. BluePal is not engaged in rendering mental health advice, clinical psychology advice, therapy or other medical advice or services by providing the Service, and your use of the Service does not create any therapist patient or other treatment relationship between you and BluePal or any of its representatives, agents or suppliers.
BluePal assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Available Content or other information or material on this Service. Reliance on any information provided by BluePal, BluePal representatives or others contributing to the Service at the invitation of BluePal, interaction with The BluePal Ai Chatbot, or subscribers to the Service, is solely at your own risk. Always seek the advice of your qualified healthcare professionals with any questions you may have regarding a medical condition. Never disregard professional advice or delay in seeking it because of something you have read on this Service.
18. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE IS PROVIDED TO YOU 'AS IS' AND 'AS AVAILABLE', WITHOUT ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, OR RELATING TO THE QUALITY, SUITABILITY, OPERABILITY, CONDITION, TRUTH, ACCURACY, ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL BLUEPAL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF DATA, OTHER ECONOMIC ADVANTAGE OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM: (A) YOUR USE OF THE AVAILABLE CONTENT OR OTHER PARTS OF THE SERVICE; (B) THE SERVICE'S SECURITY, OPERABILITY, OR AVAILABILITY; (C) ANY INFORMATION, ADVICE, SERVICES, OR GOODS OBTAINED THROUGH OR ADVERTISED ON THE SERVICE; (D) STATEMENTS, CONDUCT, INTERACTIONS, OR DEALINGS WITH ANY OTHER SERVICE MEMBER OR THIRD PARTY; OR (E) ANY OTHER CLAIM RELATED IN ANY WAY TO THE SERVICE - EVEN IF ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, CLAIM, OR DAMAGES. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the twelve months prior to the action that may have given rise to liability. The limitations set forth in these Terms do not limit BluePal's liability for gross negligence, fraud, or intentional, malicious, or reckless misconduct. Further, because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, in such jurisdictions BluePal's liability shall be limited to the maximum extent permitted by law. If you are based in the EU, you may have additional legal remedies.
19. INDEMNIFICATION
To the full extent permitted by applicable law, you agree to indemnify, defend, and hold BluePal, Spectrl LLC and their officers, directors, shareholders, employees, contractors, and agents harmless from any costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) suffered in relation to or arising from any claim or demand made by any third party due to or arising out of your violation of these Terms; your use, misuse, or abuse of the Service; your User Content; your violation of any law, statute, ordinance or regulation; or your violation of the rights of a third party. You agree to cooperate with BluePal in defending such claims and not to settle any claim without BluePal's prior written consent.
20. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER; JURY WAIVER; GOVERNING LAW AND VENUE
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Please read this Section carefully. It provides that all Disputes between you and BluePal shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney's fees).
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED BELOW, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
(a) Pre-Arbitration Claim Resolution. Before making a claim, you and BluePal agree to try to resolve any disputes through good faith discussions. For the purpose of this Section, “BluePal” means BluePal, Spectrl LLC and their parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. As used herein, the term “Dispute” means any dispute, claim, or controversy regarding, arising out of or relating to these Terms, any aspect of your relationship with BluePal, or your use of the Service, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below), but excluding any claims BluePal may make for injunctive or other equitable relief. You or BluePal may initiate this dispute resolution process by sending written notice describing the dispute and the proposed resolution. That written notification must include (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. In the event that you and BluePal cannot resolve the issue within ninety (90) days following receipt of the initial notice, either party may bring a Dispute in accordance with the remainder of this Section 20.
(b) Jurisdiction. You agree that the Service shall be deemed a passive website based solely in Florida that does not give rise to personal jurisdiction over BluePal, either specific or general, in jurisdictions other than Florida. These Terms shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Notwithstanding the foregoing, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Lee County, Florida for any actions for which BluePal may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm. You agree that Lee County, Florida is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
(c) Arbitration Procedures; Location of Arbitration. For any Dispute not settled pursuant to Section 20(a), you and BluePal agree to resolve such Dispute by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Section governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration. The arbitration will be conducted in Lee County, Florida, unless you and BluePal agree otherwise. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing BluePal from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other rights in our Available Content or other aspects of the Service.
(d) Class Action Waiver; Jury Waiver. Where permitted under applicable law, you agree to bring claims against BluePal only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless BluePal agrees, no action or court of law may consolidate more than one person's claims, or otherwise preside over any form of a representative, consolidated or class proceeding, against BluePal. This waiver applies to class arbitration, and, unless BluePal agrees otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action). You understand and agree that by entering into these Terms you and BluePal are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Notwithstanding the foregoing, per Section 25, this Section 20(d) shall be deemed deleted in the event that it is illegal or unenforceable under applicable law.
(e) Severability; Survival. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable and the Dispute will be decided by a court. This Section shall survive the termination of your service with BluePal or its affiliates.
21. TERM AND TERMINATION
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this Section 21. You agree that BluePal, in its sole discretion, may suspend or terminate your use of the Service and may remove any User Content or other data within the Service, for any reason, including, without limitation, if BluePal believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, if it is in the best interest of the BluePal Member community, or to protect our brand. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. BluePal may also in its sole discretion and at any time discontinue providing any or all Available Content or any other part of the Service, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that BluePal may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to your account or the Service. In the event that you have a paid subscription to the Service and BluePal terminates your access to the Service for any reason other than your breach of these Terms of Use, then BluePal will refund you the prorated portion of any subscription fees which you have paid but not yet used. Except for the foregoing limited circumstance, you agree that BluePal will not be liable to you or any third party for any termination of your access to the Service. Upon termination or upon your written request to BluePal, BluePal will work with you to delete your User Content.
22. CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Service and service are provided by Spectrl LLC 7 NE Terrace, Cape Coral FL 33909. If you have a question or complaint regarding the Service or service, please contact BluePal's customer service at support@bluepal.app (Attn: Legal). You may also contact us by writing Spectrl LLC 7 NE Terrace, Cape Coral FL 33909. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
23. NOTICES
Except as otherwise stated in these Terms or as expressly required by law, any notice to us shall be given by certified postal mail to Spectrl LLC (dba BluePal), 7 NE Terrace, Cape Coral FL 33909, Attn: Legal, or by email to support@bluepal.app (Attn: Legal). Any notice to you shall be given to the most current email address in your account.
24. ASSIGNMENT
These Terms are not assignable, transferable, or sublicensable by you except with BluePal's prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, reorganization, sale of BluePal's assets, or similar transaction.
25. ADDITIONAL TERMS
The Service is controlled and operated from the United States. Those who access or use the Service from other jurisdictions do so at their own risk and are solely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms is held by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity of the remaining provisions herein, or the validity of all provisions in another jurisdiction. No joint venture, partnership, employment, or agency relationship exists between you and BluePal as a result of these Terms or your use of the Service. BluePal's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of BluePal's right to comply with law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by BluePal with respect to such use. These Terms constitute the entire agreement between you and BluePal with respect to the Service and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BluePal with respect to the Service. The intellectual property rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
26. NOTICE REGARDING APPLE
This Section 26 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and BluePal only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service or your possession and use of the Service infringe a third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
