Welcome to BluSpark! Thank you for choosing to use our services.
Please read this Agreement carefully. It includes important information about your rights and covers areas warranty disclaimers, limitations of liability, resolution of disputes and a waiver of class action.

  1. LEGAL AGREEMENT

These Terms and Conditions of Service (“Terms”) cover your use of and access to our site www.bluspark.io as well as your subscription to and any Order of our services, products, applications, tools, offline components and features (individually the “Service” or collectively, the “Services”) provided by our company BluSpark SAS, together with its affiliates, officers, directors, employees, agents and subsidiaries (hereinafter “BluSpark”, “we”, “our” or “us”). Our Privacy Policy explains what personal information we collect and how it is used and shared. The Terms and the Privacy Policy all set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of our website and Services, applications and features offered by us with respect thereto, except where we explicitly state otherwise.

By using or accessing the Services, you are agreeing to these Terms and our Privacy Policy (collectively, this “Agreement”). If you’re using our Services for an organization or on behalf of a business entity, you’re agreeing to this Agreement on behalf of that organization, and represent and warrant that you can do so. If you do not agree to or approve all the terms in this Agreement, you may not use or access the Services.

  1. DEFINITIONS

The following terms shall have the following meaning:

Application”: mobile or desktop application created for the User through BluSpark and made available to the public for download from a third-party platform or accessible from a web browser

Author”: any person drafting or publishing on the Internet, more specifically on the Application.

Blog”: Internet Web site enabling the publishing of content and the drafting of commentaries by the readers with an Internet diffusion.

Access codes”: username and password used by the User together or separately to identify oneself and access the Services. The access codes are part of the User Account.

End User”: Any person or entity who actually uses our Service(s).

Order”: online subscription of our Service(s).

User Content”: any content uploaded by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials.

Guest”: any person being invited by a User of the Service to provide or drop comments or publish as an Author, under the Client’s responsibility.

User”: any person or entity having an account allowing access to our Services.

Customer”: any person or entity having an account allowing access to our Services and paying a subscription to access our Services.

  1. PURPOSE AND SCOPE

Bluspark solution is a set of IT tools (mobile app and desktop app + back-end) to ease customer relationship in the area of utilities (the Customers). BluSpark provides an online service composed of tools enabling the Customer to interact through its own Application(s) with Users. The Application allows for messaging and content publishing. The use of the Service is submitted to the present Terms which equally apply to any Users, End Users, Authors and/or Guests.

BluSpark may modify or update these general terms and conditions. The Client, the User must regularly check the page “Terms of Services” where the latest applicable version is published.

BluSpark does not warrant the lifespan or the optimization of the Service for a said Internet browser nor for an operating system. BluSpark doesn’t warrant the compatibility between an Application when such operating system and/or browser is upgraded.

The use of the Service requires the Client/User/End User/Author/Guest to subscribe to an internet connection with proper hardware whose costs are independent from the BluSpark Service.

As part of the use of the Service, BluSpark may send the User a certain amount of information (newsletters, administrative mail, etc.). This information is part of the subscription to the Service, a User cannot refuse it.

  1. SUBSCRIPTION TO OUR SERVICE – REGISTRATION AND ACCOUNT

4.1 
In order to access and use certain sections and features of our Services, you must first register and create an account with us (hereinafter a “BluSpark Account”, “Account ID”, “User Account” or simply “Account”).

4.2 
If anyone other than yourself, a Guest, accesses your User Account and/or related settings, you understand that they may perform any actions available to you, make changes to your Application and User Account, and all such activities will be deemed to have occurred on your behalf and in your name. Consequently, we strongly encourage you to keep your Access Codes confidential, and allow such access only to trusted people.

4.3 
You must provide complete, accurate and updated information for your Account when registering your User Account and using our Services. We may need to use this information to contact you. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or Content submitted to us.  Each Guest shall likewise fill in such identification form to be able to act on the Application.

4.4 
You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or Access Codes. You’re solely responsible for any activity on your Account. BluSpark shall not be liable for any acts or omissions by you in connection with your Account. You agree you will not sell, transfer, license or assign your account, username, or any account rights to anyone. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, you agree not to create an account for anyone other than yourself.

4.5
We reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to terminate the Service to you, without liability to you or to any other party.

4.6 
You affirm that you are either over 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent (i) to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and (ii) to comply with them. In any event, you affirm that you are at least 16 years old, as the Service is not intended for or directed to anyone under 16. If you are under 16 years old, then you are prohibited from using this Service.

  1. USER CONTENT AND RELATED USER’S OBLIGATIONS

You represent and warrant to us that:

5.1 
You own all rights in and to any content uploaded by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content.

5.2
The User Content is true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your Application visitors and users (“End Users”) reside.

5.3 
You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

5.4 
You may not post or upload via our Service any defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, or which otherwise violates the rights of any third party Service.

5.5 
You may not use the Service for any illegal or unauthorized purpose or more generally in a manner that would affect or disrupt BluSpark’s reputation or business, in the sole judgment of the BluSpark evaluation team.

5.6
You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright and trademark laws.

5.7 
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

5.8 
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

5.9 
You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms.

5.10 
You agree not to disparage the reputation of BluSpark.

You further agree:

5.11
To receive from time to time promotional messages and materials from us or our partners, by mail, e-mail or any other contact form you may provide us with. If you wish not to receive such promotional materials or notices – please just notify us at any time;

5.12
To allow us to use in perpetuity, worldwide and free of charge, any version of your Application (or any part thereof) for any of our marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against us or anyone on our behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your Application with respect to such limited permitted uses;

5.13 
Not to copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble our Service, or any part thereof;

5.14 
Not to purchase search engine or other pay per click keywords or domain names that use BluSpark or BluSpark Trademarks and/or variations and misspellings thereof;

5.15 
Not to probe, scan, or test the vulnerability of our Services or any network connected to our Services;

5.16 
Not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the BluSpark Services or systems or networks connected to the BluSpark Services, or otherwise interfere with or disrupt the operation of any of the BluSpark Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

5.17 
Not to exceed Fair Use: all applications created with one subscription may not exceed more than a combined total of 150,000 requests per day to the BluSpark APIs;

5.18 
Not to remove or alter any copyright notices, restrictions and signs indicating proprietary rights of any of our licensors;

5.19 
Not to use, copy -in whole or in part-  any copyrighted materials and/or content provided by BluSpark;

5.20 
Not to reverse engineer or  propose a service similar to BluSpark, based on the BluSpark technology.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you by BluSpark– with or without further notice to you, and without any refund of amounts paid on account of any such Services.

BluSpark cannot be held responsible for the deletion, the correction, the destruction, the damage, the loss or the inappropriate hosting of any Content. BluSpark may withhold, remove and/or get rid of Content, without notice.

  1. BLUSPARK BEST PRACTICES AND MOBILE APPLICATION MANDATORY GUIDELINES
We do our best to make BluSpark a great place to use beautiful and useful apps. We need your help to keep BluSpark being a reputable and trusted service that provides value to all end users and partners. We therefore request that the following guidelines and covenants be respected at all times:

You shall not use BluSpark to do anything unlawful, misleading, malicious, or discriminatory and you shall not use our service for any illegal or unauthorized purpose;

You agree to comply with all laws, rules and regulations (federal, state, local and provincial or applicable regulations);

7. INTELLECTUAL PROPERTY –

7.1
USER’s intellectual property: User shall own all intellectual property pertaining to its Content, including but not limited to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. You hereby grant BluSpark a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use your User Content (in whole or in part) worldwide in order to provide you with the Services, and as further specified in these Terms.

7.2
BluSpark’s Intellectual Property: All rights, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work including Users feedback reviews and comments, source and object code, computer code, applications, audio, music, video and other media, designs, animations, interfaces, the trade dress of our Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to BluSpark. Subject to your full compliance with these Terms and timely payment of all applicable Fees for our Services, we hereby grant you, upon creating your User Account and for as long as we wish to provide you with the Services, a non-exclusive, non-transferable, fully revocable, limited license to use our Services and related Intellectual Property, for the purpose of using and displaying your User Application to end users, solely as expressly permitted under these Terms, and solely within the scope of our Services.

For the avoidance of doubts, these Terms do not convey any right or interest in or to BluSpark’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of our Intellectual Property rights under any law or jurisdiction.

  1. PRIVACY POLICY

BluSpark value and protect your Privacy. Certain parts of our Services require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using our Services, we may collect, access and use certain data pertaining to Users and as the case may be End Users, including the activities or navigation undertaken by Users and End Users through our Services and/or User Application.

Our Privacy Policy explains how we collect, use and share your personal information for our own purposes. Be sure to read it carefully.

8.1.Data Processing Addendum
When using the Services, you are operating as a “data controller” (as that term is defined in the GDPR). It is really important that you comply with data protection laws when using the Services, such as when you collect others’ personal information or use cookies or similar technologies (including those we drop for you at your request, such as for web analytics). Our Data Processing Addendum explains how we handle, on your instructions, others’ personal information you collect using the Services or any of your End-User content which contains others’ personal information. Our Data Processing Addendum forms part of this Agreement. Be sure to read that carefully also.

8.2.Data Protection, Security and Privacy Laws. 
You agree and warrant that you are solely responsible when using your Application or the Services for complying with applicable data protection, security and privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation), including any notice and consent requirements. This includes without limitation the collection and processing by you of any personal data, when you use your Application and the Services to send electronic communications to individuals and when using cookies and similar technologies on your Application (including, in particular, those which we place for you at your request as part of the Services, such as to undertake analytics for you).

8.3.Privacy Policy and End-Users.
If applicable law requires, you must provide and make available to your End Users on your Application a legally compliant privacy policy.

8.4. Cookies and Similar Technologies.
If applicable law requires, you must provide and make available to your End Users on Your Applications a legally compliant cookie policy. You must capture valid consent, both for you and us, for any cookies or similar technologies used on or through your Application (including those we drop on your request or with your permission) where required, including, where applicable, by the EU e-Privacy Directive/Regulation and under national laws implementing the same. Please see our Cookie Policy for more information about use of cookies and similar technologies.

8.5. Protect and Improve the Services. 
You agree that we may protect and improve our Services through analysis of your use of the Services, your End Users’ use of your Application and/or analysis of your and your End Users’ personal information in anonymized, pseudonymized, de-personalized and/or aggregated form. If applicable law requires, you should explain this in your privacy policy. See our Privacy Policy for more information about how and what we do in this regard.

We encourage you to read our Privacy Policy, and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

  1. FORCE MAJEURE

Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to an Event of Force Majeure.

For the purpose of this Agreement, an “Event of Force Majeure” means any circumstance not within the reasonable control of the Party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of good utility practice, cannot be, or be caused to be, prevented, avoided or removed by such Party, and (ii) such circumstance materially and adversely affects the ability of the Party to perform its obligations under this Agreement, and such Party has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on the Party’s ability to perform its obligations under this Agreement and to mitigate the consequences thereof.  In particular and without any limitation, BluSpark cannot be held liable if the performance of our obligation is obstructed, limited or impeded due to fire, explosion, network communication breakdown, collapse of hosting facilities, epidemic, earthquake, flood, electricity shortage, war, embargo, statute, order, demand from any government, strike, boycott, loss of telephone operator’s or hosting provider’s licence or any other circumstance without reasonable BluSpark’s control

  1. FEES AND PAYMENT TERMS

You can access the BluSpark Services by submitting a fee payment (“Paid Services”, “Subscriptions Fees” or “Fee(s)”)

10.1 
Applicable Subscription Fees and Taxes. BluSpark applicable Subscription Fees for our Services are available in the contract. Note that all our Fees are exclusive of applicable federal, state, local or other taxes. You are responsible for all said applicable taxes, and we will charge them in addition to our Fees for the Services when required to do so.

10.2
First Fee due and Payment. The first Fee due and payment takes place on the first day.

10.3
Payment method. The User may pay by credit card or PayPal.

10.4 
Automatic Subscription Renewals. To ensure uninterrupted service, BluSpark may automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period may then be equal in time to the renewal period of your current subscription. We will charge you the applicable amount using the payment method you have on file with us. BluSpark may disable auto-renewal at any time

10.5 
Change in Subscription Fees. We may change our Fees at any time. When applicable, we will give you advance notice of these Fee changes via the Services. New Fees will not apply retroactively. If you do not agree with the Fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.

10.6
Refunds. While you may cancel any Paid Services at any time, you will not be issued a refund except in our sole discretion, or if legally required.

10.7 
Service Start. The Service subscribed by the User starts as soon as the first payment is received. Unless BluSpark specifies differently, the payment is made on a monthly, or annually period (depending on the choice made by the User) and no refund will be made.

10.8 
Banking Details update. To avoid any disruption of our Service, the User shall maintain its credit card and Paypal details updated. A menu is dedicated to it in the managing interface of the User Account.

10.9 
Late Payment. For any late payment, BluSpark may charge interests until the day of full payment, based on 3 times the ongoing legal rate.

10.10 
Payment Processor: We use a third party payment processor to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of said payment processor, in addition to this Agreement. We do not control and are not liable for the security or performance of the payment processor. You agree to pay us, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our payment processor to correct, any errors or mistakes, even if payment has already been requested or received.

10.11
Billing contact: Any question about billing or the nature of the Service must be made in writing at the following address: contact@bluspark.io.

  1. TERM OF THE SUBSCRIPTION

Our Service is made available to you on an annual or month-to-month basis with automatic renewal, at your option at the time of subscription. BluSpark may or may not warn User by E-mail before the end of said subscription of our Service.

  1. COMPLIANCE WITH LAWS

You represent and warrant that your use of BluSpark will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities.

If you’re located in the European Economic Area (EEA) or if you have at least one End-User in the EEA, you represent and warrant that in using the Service and collecting information as a result of using the Service, you:

12.1
Will clearly describe in writing how you plan to use any data collected. You’ll get express consent to transfer data to BluSpark and be processed, and you’ll otherwise comply with whatever privacy policy you have posted.

12.2
Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where your Application is used.

12.3
Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow BluSpark to receive and process data and send communications to that individual on your behalf.

12.4
Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

12.5
Have signed our Data Processing Agreement.

TERMINATION, LIMITATION AND SERVICE SUSPENSION –

​You may discontinue to use and request to cancel your User Account and/or any BluSpark Services at any time, in accordance with the instructions available on our Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period, end of the month for month to month contracts or end of the year term for annual contracts. With respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

Failure to comply with any of our Terms and/or to pay any due Fee shall entitle BluSpark to immediately suspend (until full payment is made) or immediately cancel your User Account and User Application (or certain features thereof), as well as the provision of any related Services (e.g., Paid Services) to you.

BluSpark reserves the right to refuse, limit or terminate access to the service to anyone should BluSpark, in its sole discretion, consider that said client or user violates any provision of these Terms and Conditions or more specifically any of the above covenants.

Additionaly, BluSpark may, but has no obligation to, remove, edit, block, and/or monitor content, or accounts containing content that BluSpark determines in its sole discretion violates these Terms and Conditions.

  1. DISCLAIMER OF WARRANTIES

BLUSPARK PROVIDES THE SERVICES ON AN “AS IS” BASIS WITH ALL FAULTS AND “AS AVAILABLE” BASIS. YOU THEREFORE AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUSPARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT OR OTHER WARRANTY – ALL TO THE FULLEST EXTENT PERMITTED BY LAW; THIS DISCLAIMER OF WARRANTIES SHALL INCLUDE AND COVER, BUT SHALL NOT BE LIMITED TO, ANY REJECTION, FOR ANY REASON WHATSOEVER, OF THE MOBILE APPLICATIONS BY ANY ONLINE MOBILE APPLICATION STORE, MARKETPLACE OR THE LIKE. BLUSPARK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THIS SERVICE OR THE CONTENT OF ANY SITES OR SERVICES LINKED TO THIS SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICE. BLUSPARK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY YOU OR A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED SERVICES OR SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BLUSPARK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL BLUSPARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLUSPARK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT BLUSPARK SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by BluSpark from its facilities in France. BluSpark makes no representations that the Service is appropriate for any mobile application store or marketplace, or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  1. LIMITATION ON DAMAGES

To the maximum extent permitted by law, User agrees to limit BluSpark’s liability for the User’s damages to the sum of $500.00. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.

  1. INDEMNIFICATION

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BluSpark, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that your Content caused damage to a third party; or (v) any rejection of your mobile application from any mobile application store or marketplace, for any reason whatsoever. This defense and indemnification obligation will survive these Terms and your use of the Service.

  1. TIME LIMITATION ON CLAIMS

YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH BLUSPARK MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.

  1. MISCELLANEOUS

19.1 
Governing Law & Venue.  You agree that the Service shall be deemed solely based in France. This Agreement shall be governed by the internal substantive laws of France, without respect to its conflict of laws principles. Any claim or dispute between you and BluSpark that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the city of Paris, France. THIS AGREEMENT SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. This provision will survive the termination of any or all of your transactions with BluSpark.

19.2 
Informal Amicable Resolution. Before filing a claim against us, you agree to try solve the dispute amicably by first emailing contact@bluspark.io with a description of your claim. BluSpark will try to resolve the dispute informally via email, phone or other methods. If we cannot resolve the dispute within sixty (60) days of our receipt of your first email, you or BluSpark may then bring a formal proceeding.

19.3 
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren’t allowed.

19.4 
Entire Agreement.  If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire Agreement between you and BluSpark and govern your use of the Service, superseding any prior agreements.

19.5 
Notices. We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice. All Legal notices to BluSpark shall be sent to: BluSpark SAS, 45 rue de Maubeuge, 75009 Paris, FRANCE.. (for updated contact go to: www.bluspark.io); For any other notice you may send us an email at contact@bluspark.io.

19.6 
Assignment.  You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of BluSpark. Any purported assignment or delegation by you without the appropriate prior written consent of BluSpark will be null and void. BluSpark may assign these Terms or any rights hereunder without your consent.

19.7 
Severability.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect.

19.8 
Amendment.  BluSpark reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

19.9 
No waiver. BluSpark’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

19.10 
No Third-Party Beneficiary Rights.  Neither the course of conduct between the parties nor trade practice will act to modify these Terms. These Terms do not confer any third-party beneficiary rights.

***

Privacy Policy – BluSpark

Welcome to BluSpark! Thank you for choosing to use our services.

Please read this Privacy Policy carefully.

This Privacy Policy describes how we collect, use, process, and disclose your information, including personal information, in conjunction with your access to and use of the BluSpark Services.

  1. Definitions

The following terms shall have the following meaning:

Service” or “Services“: access to our site www.bluspark.io as well as your subscription to and any Order of our services, products, applications, tools, offline components and features (individually the “Service” or collectively, the “Services”) provided by our company BluSpark SAS, together with its affiliate, officers, directors, employees, agents and subsidiaries (hereinafter “BluSpark”, “we”, “our” or “us”).

Application”: mobile or desktop application used by the User through BluSpark and made available to the public for download from a third-party platform or accessible from a web browser

User”: any person or entity having an account allowing access to our Services.

End User”: Any person or entity who actually uses our Service(s). It can be users, visitors and customers of our User’s Application.

Website User“: Any person visiting one of our websites

Any other capitalized terms not defined in this Privacy Policy have the meanings in our Terms of Services.

  1. Information we collect

2.1 Information you voluntarily provide to us
When you sign up for and use the Services, consult with our customer service team, send us an email, post on our blog, integrate the Services with another website or service (for example, when you choose to connect your WordPress website with BluSpark), or communicate with us in any way, you are voluntarily giving us information that we collect. That information may include either your or your End Users’ name, physical address, email address, IP address, phone number, credit card information, as well as details including gender, occupation, location, and other demographic information. By giving us this information, you consent to this information being collected, used, disclosed, transferred to Europe and stored by us, as described in our Terms of Use and in this Privacy Policy.

2.2 Information collected automatically
When you use the Services or browse one of our websites, we may collect information about your visit to our websites, your usage of the Services, and your web browsing. That information may include your IP address, your operating system, your browser ID, your browsing activity, and other information about how you interacted with our Websites or other websites. We may collect this information as a part of log files as well as through the use of cookies or other tracking technologies.

2.3 Information from your use of the Service
We may receive information about how and when you use the Services, store it in log files or other types of files associated with your account, and link it to other information we collect about you. This information may include, for example, your IP address, time, date, browser used, and actions you have taken within the Services. This type of information helps us to improve our Services for both you and for all of our users.

2.4 Cookies and tracking
We may use various technologies to collect and store information when you use our Services, and this may include using cookies and similar tracking technologies on our Website, such as pixels and web beacons, to analyze trends, administer the website, track users’ movements around the website, and gather demographic information about our user base as a whole. Users can control the use of cookies at the individual browser level.For more information, please refer to our Cookie Policy.

2.5 Information from the use of our Applications
When you use our mobile apps, we may collect certain information in addition to information described elsewhere in this Policy. For example, we may collect information about the type of device and operating system you use. We may ask you if you want to receive push notifications about activity in your account. If you have opted in to these notifications and no longer want to receive them, you may turn them off through your operating system. We may ask for, access or track location-based information from your mobile device so that you can test location-based features offered by the Services or to receive targeted push notifications based on your location. If you have opted in to share those location-based information, and no longer want to share them, you may turn sharing off through your operating system. We may use mobile analytics software (such as crashlytics.com) to better understand how people use our application. We may collect information about how often you use the application and other performance data.

  1. How we use collected information

We may use and disclose Personal Information for the following purposes:

3.1
To promote use of our Services to you and others. For example, if we collect your Personal Information when you visit our Website and do not sign up for any of the Services, we may send you an email inviting you to sign up. If you use any of our Services and we think you might benefit from using another Service we offer, we may send you an email about that. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email we send. In addition, we may use information we collect in order to advertise our Services to you or suggest additional features of our Services that you might consider using.

3.2
To bill and collect money owed to us by our Users. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments.

3.3
To send you messages related to your use of the Services. For example, we may inform you of temporary or permanent changes to our Services, such as planned outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy.

3.4
To communicate with our Users about their account and provide customer support.

3.5
To enforce compliance with our Terms of Use and applicable law. This may include developing tools and algorithms that help us prevent violations.

3.6
To protect the rights and safety of our Users and third parties, as well as our own.

3.7
To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms. To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.

3.8
To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.

3.9
To provide, support, and improve the Services we offer. This includes our use of the data that our Users provide us in order to enable our Users to use the Services to communicate with their End Users. This also includes, for example, aggregating information from your use of the Services or visit to our Websites or Applications used with our Service and sharing this information with third parties to improve our Services. This might also include sharing your information or the information you provide us about your End Users with third parties in order to provide and support our Services or to make certain features of the Services available to you. When we do have to share Personal Information with third parties, we take steps to protect your information by requiring these third parties to enter into a contract with us that requires them to use the Personal Information we transfer to them in a manner that is consistent with this policy.

  1. Data Collected for and by our Users

As you use our Services, you may import into our system Personal Information you have collected from your End Users or other individuals. We have no direct relationship with your End Users or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals. Consistent with the uses of Personal Information covered in Section 3, we may transfer Personal Information of you or your End Users to companies that help us provide, or support our Services or the services of our Users (“Service Providers”). All Service Providers enter into a contract with us that protects Personal Information and restricts their use of any Personal Information consistent with this policy. As part of our Services, we may use and incorporate into features information you have provided, we have collected from you, or we have collected about End users. We may share this information with third parties in line with the approved uses in Section 3.

When your End Users use the Services or browse your Application, we may collect information about their visit to your Application and their usage of the Services. That information may include IP address, operating system, browser ID, browsing activity, and other information about how they interacted with your Application. We may collect this information as a part of log files as well as through the use of cookies or other tracking technologies. We may use this information in line with the approved uses in Section 3-4 to 3-9.

If you are a End User and no longer want to be contacted by one of our Users, please contact the User directly to update or delete your data. If you contact us, we may remove or update your information within a reasonable time and after providing notice to the User of your request.

We will retain Personal Information we process on behalf of our Users for as long as needed to provide our Services or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.

  1. Data controller and Data processor

The User as the Data Controller
Our Customers who operate an Application using BluSpark are responsible for what they do with the personal information they collect, directly or through BluSpark, about their End Users.

The User is the Data Controller and BluSpark is the Data Processor.

You’re solely responsible for complying with any laws and regulations that apply to your collection and use of your End Users’ information, including personal information you collect about them using the Services or cookies or similar technologies.

You must publish your own privacy policy and comply with them.

We’re not liable for your relationship with your End Users or how you collect and use personal information about them (even if you collect it from us or using BluSpark functionality or cookies or similar technologies) and we won’t provide you with any legal advice regarding such matters.

BluSpark as the Data Controller
For Users and Website Visitors of any of our websites (for instance www.bluspark.io), BluSpark is the Data Controller.

  1. Your Rights

You (in particular, European users) have certain legal rights to obtain information about whether we hold personal information about you, to access personal information we hold about you, and to obtain its correction, update, amendment or deletion in appropriate circumstances. Some of these rights may be subject to some exceptions or limitations. We will respond to your request to exercise these rights within a reasonable time (and in all cases within 30 days of receiving a request).

Rights which you are entitled to are:

Data access rights
Right to restrict processing
Right of Rectification
Right to Erasure (Right to be Forgotten)
Right to object to processing
Right to withdraw consent; and
Data portability rights

Where applicable law requires (and subject to any relevant exceptions under law), you may have the right to access, update, change or delete personal information.

If you are a User
You can access, update, change or delete personal information (or that of your End Users) either directly in your Account or by contacting us at contact@bluspark.io to request the required changes. You can exercise your other rights (including deleting your Account) by contacting us at the same email address.

If you are a End User 
Where you are using an Application made by one of our User, you will need to reach out directly to that User, the Data Controller, to discuss managing, deleting, accessing, restricting access to or otherwise withdrawing consent for use of, the information which you provided to them while using their Application. BluSpark, as the Data Processor, is not in a position to directly handle these requests. If you are having difficulties finding this User you can contact us at contact@bluspark.io and we will try our best to help you.

Please note that, for technical reasons, there is likely to be a delay in deleting your personal Information from our systems when you ask us to delete it. We also will retain personal Information in order to comply with the law, protect our and others’ rights, resolve disputes or enforce our legal terms or policies, to the extent permitted under applicable law.

  1. How we protect your information

While no service is completely secure, we have a security team dedicated to keeping personal information safe. We maintain administrative, technical and physical safeguards that are intended to appropriately protect against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse and any other unlawful form of processing of, the personal information in our possession. We employ security measures such as using firewalls to protect against intruders, building redundancies throughout our network (so that if one server goes down, another can cover for it) and testing for and protecting against network vulnerabilities. More information can be found on the Data Processing Agreement.

  1. Public information and Third parties

8.1 Blog 
We have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us at contact@bluspark.io. If we are unable to remove your information, we will tell you why.

8.2 Social media platforms and widgets
Our Websites include social media features. These features may collect information about your IP address and which page you are visiting on our Website, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. We also maintain presences on social media platforms including Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.

8.3 Links to third-party websites
Our Websites include links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Website you visit.

  1. Changes to this privacy policy

BluSpark has the discretion to update this privacy policy at any time. When we do, revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

  1. Your acceptance of these terms

By using our Services, you signify your acceptance of this policy and Terms of Service. If you do not agree to this policy, please do not use our Services. Your continued use of the Services following the posting of changes to this policy will be deemed your acceptance of those changes.

  1. Contacting us – Data Protection Officer (DPO)

BluSpark designated Francois Le Lirzin, CTO, as Data Protection Officer, as required by GDPR

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: contact@bluspark.io

All Legal notices to BluSpark shall be sent to: BluSpark SAS, 45 rue de Maubeuge, 75009 Paris, France (for updated contact go to: www.bluspark.io);

***

Cookie Policy – BluSpark

This Cookie Policy describes how BluSpark uses cookies and similar technologies to provide, improve and protect the Services. Note that any capitalized terms not defined in this Cookie Policy have the meanings set forth in our Terms of Service.

  1. What is a cookie?

A cookie is a small piece of text sent to your browser when you visit a site. It serves a variety of functions, like enabling us to remember certain information you provide to us as you navigate between pages on the Services. Each cookie expires after a certain period of time depending on what we use it for.

  1. Why do we use cookies?

We use first party and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites and Services to operate. Other cookies enable us and the third parties we work with to track and target the interests of visitors to our Websites. For example, we use cookies to tailor content and information that we may send or display to you and otherwise personalize your experience while interacting with our Websites and to otherwise improve the functionality of the Services we provide. We also enable our Users to employ cookies and similar tracking technologies in connection with their use of our Services in order to allow them customize the experience they provide to their End Users using our Services. Finally, third parties serve cookies through our Websites and Services for analytics, and other purposes. This is described in more detail below.

The Services and our Websites use both 1st party cookies (which are set by the Sites being visited) and 3rd party cookies (which are set by a server located outside the domain of our Sites).

  1. What cookies do we use?

3.1 Authentication, personalization and security
These cookies are strictly necessary to provide you with the Services and the services available through our Websites and to use some of their features, such as access to secure areas. Because these cookies are strictly necessary to deliver the websites, you cannot refuse them without impacting how our websites function. You can block or delete them by changing your browser settings, as described under the heading “How can I control cookies?” in the Cookie Statement.

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3.2 Performance and Analytics
These cookies help us analyze how the Services are being accessed and used, and enable us to track performance of the Services. For example, we use cookies to get insights regarding your End Users and Applications performance, such as page speed or to help us customize our Websites and Services for you in order to enhance your experience.

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  1. Other tracking technologies

We and our third party partners may use other, similar technologies from time to time, like web beacons, pixels (or “clear gifs”) and other tracking technologies. These are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our Websites. This allows us, for example, to monitor the traffic patterns of users from one page within our Websites to another, to deliver or communicate with cookies, to understand whether you have come to our Websites from an online advertisement displayed on a third-party website, to improve site performance. While you may not have the ability to specifically reject or disable these tracking technologies, in many instances, these technologies are reliant on cookies to function properly; accordingly, in those instances, declining cookies will impair functioning of these technologies.

We use device identifiers to track, analyze and improve the performance and deliver the Services. For instance, when you send a targeted push notification to a subset of your End-Users

  1. How Do I manage cookies?

If you’d like to remove or disable cookies via your browser, you certainly can. You’ll want to refer to your browser’s configuration documentation to do this since the steps for doing so are usually browser-specific. One important note is that if you do go this route, this might adversely impact your ability to use our Services effectively. Enabling cookies ensures a smoother experience when you use our Services.

  1. Cookie policy updates

We may update this Cookie policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie policy regularly to stay informed about our use of cookies and related technologies. The date at the top of this Cookie policy indicates when it was last updated