Last updated: July 19th, 2022

Terms of Service

These Terms of Service and our privacy policy (together the “Terms”) govern all use of bluetallyapp.com and all services (together the “Site” or “Services”). BlueTally is operated by Digital Edge AS, based in Oslo, Norway, and will be referred to as “we,” “us,” or “our” in these Terms.

By using the Site or its Services, and/or by clicking anywhere on this Site to agree to these Terms, you are deemed to be a “user” for purposes of the Terms. You and every other user (“you” or “The User” as applicable) are bound by these Terms. You and each user also agree to the Terms by using the Services. If The User does not agree to the Terms or the Privacy Policy, The User may not access the Site or use the Services. In these Terms, the word “Site” includes the site referenced above, its owner(s), contributors, suppliers, licensors, and other related parties.

The User Prohibited From Illegal Uses

The User shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.

The User represents and warrants that:

The User will use the Services only as provided in these Terms;

The User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;

The User will provide accurate, complete, and current information to the Site and its owner(s);

The User will notify the Site and its owner(s) regarding any material change to information The User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email address provided below.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.

Liability Is Limited

THE SITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE THE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.

NOTWITHSTANDING ANY DAMAGES THAT THE USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY THE USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT THE USER CLAIMS CAUSED THE DAMAGES.

The Website shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without The User’s knowledge or consent. The Website shall have no liability for any damages related to: The User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Website has no obligations whatever, and shall have no liability to, any third party who is not a The User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Third party products, links, and actions

The Website may include or offer third party products or services. The Website may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.

Changes to the Site and the Services

The owners and contributors to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right at any time to add, change, and remove features, content, and data, including the right to add or change any pricing terms. We also reserve the right to discontinue, temporarily or permanently, the Service or any part of the Service with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice maybe provided at any time by emailing the changes and updating the pricing plan on our website. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.

Indemnity

If your activity or any activity on your behalf creates potential or actual liability for us, or for any of our users, partners, or contributors, you agree to indemnify and hold us and any such user, partner, contributor, or any agent harmless from and against all claims, costs of defense and judgment, liabilities, legal fees, damages, losses, and other expenses in relation to any claims or actions arising out of or relating to your use of the Site, or any breach by you of these Terms of Use.

Intellectual Property

The Website grants The User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.

Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. The User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.

The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by The User without written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.

All rights not expressly granted in these Terms are reserved by the Site.

Privacy

Any information that you provide to the Site is subject to the Site’s Privacy Policy, which governs our collection and use of The User information. The User understands that through his or her use of the Site and its Services, The User consents to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Site. The Website may make certain communications to some or all The Users, such as service announcements and administrative messages. These communications are considered part of the Services and a The User’s account with the Site, and The Users are not able to opt out of all of them.

The Usernames, Passwords, and Profiles

If prompted, The Users must provide a valid email address to the Site, at which email address the The User can receive messages. The User must also update the Site if that email address changes. The Website reserves the right to terminate any The User account and/or The User access to the Site if a valid email is requested but is not provided by the The User.

If the Site prompts or allows a The User to create a username or profile, The Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Website reserves the right to cancel a The User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a The User to create an avatar or upload a picture, The User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.

You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to [email protected] You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Website’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other The User with Site are not secure or private.

Cancellation and Termination

You are responsible for properly canceling your account. Requesting to cancel an account via email or phone is not considered cancellation. You can cancel your account at any time by navigating to the Billing section of the Site. The Billing screen provides a cancellation link. All of your content will immediately be deleted from the Service upon cancellation. This information is not recoverable once your account has been cancelled. If you cancel the Service before your current paid up month or year, your cancellation will take effect immediately and you will not be charged again. We do not provide refunds for paid subscriptions, however if you cancel your subscription in the middle of the billing cycle, you will still have access to use the software until your purchased subscription expires. BlueTally, in its sole discretion, has the right to suspend or terminate your Account and to refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your ability to access your Account as well as a forfeiture and relinquishment of all content in your Account.

Disputes

We are based in Norway and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of Norway, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in Norway will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Site and Service.

Digital Edge AS
Haakon VIIs gate 5
0161 Oslo
Norway

Postal Address
P.O. box 1637 Vika
0119 Oslo
Norway

General

Your use of the Service is at your own risk. The Service is provided “as is” and “as available” basis. Technical support is only available via email and in English.

You must not post, upload, host or transmit any unsolicited email, SMSs, or “spam” messages. You must not transmit any code of a destructive nature.

We make no guarantee that BlueTally will meet your specific requirements, that the service will be timely, secure, uninterrupted or error free or that the results that may be obtained from the service will be reliable or accurate.

These Terms, including the incorporated Privacy Policy, supersede all oral or written communications and understandings between The User and the Site.

Any cause of action The User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.

Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services.

If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.

The User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services.

There shall be no third party beneficiaries under these Terms, except for the Site’s affiliates, suppliers, and licensors, or as required by law.

Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Third Party Trademarks

All third party trademarks (including logos) referenced by BlueTally remain the property of their respective owners.

Microsoft
Microsoft Intune, Azure Active Directory and Microsoft Teams are registered trademarks of Microsoft Corporation.

Slack
Slack is a registered trademark of Slack Technologies, Inc.

Okta
Okta is a registered trademark of Okta, Inc.

OneLogin
OneLogin is a registered tradmark of OneLogin, Inc.

JumpCloud
JumpCloud is a registered tradmark of JumpCloud, Inc.

Google
Google is a registered tradmark of Google LLC.

Attributions

Login Vectors by Vecteezy
API Vector by Vecteezy
Category Icons in Demo App by Icons8
Blog Photos by Unsplash


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