Terms of Service
Use of the Bluebox Platform (the "Platform") is offered pursuant to these Terms of Service. ("Customer", "you", or "your" mean the person or legal entity using or accessing the Platform, and "Bluebox" means Dynatrace LLC.) BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE; AND, IF YOU ARE ENTERING INTO THE TERMS OF SERVICE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY.
1. License to Customer
Subject to the Terms of Service, Bluebox grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use the Platform during the Term solely for internal business purposes in accordance with the documentation available at docs.bluebox.ai ("Documentation").
2. Customer Data
You grant Bluebox a royalty-free, worldwide, non-exclusive license to use Customer Data to provide the Platform to you. You also grant Bluebox a royalty-free, worldwide, transferable, irrevocable, perpetual, non-exclusive license to collect, process, and aggregate Customer Data and use such data and aggregations, and all modifications thereto and derivatives thereof (collectively "Derivative Data"), to improve the Platform, develop new products and services, understand Platform usage, and for any other business purpose. Company may use and disclose Derivative Data solely in aggregate form so that it is in no way identifiable with you or your business. As between you and Bluebox, except for those rights that you expressly grant to Bluebox herein, you retain all rights in and to Customer Data. Similar Platform output may be generated for different customers, and Platform output may include inaccuracies and you must use proper judgment and human review to evaluate output prior to use. "Customer Data" means the data and information submitted or transmitted by you or on your behalf for processing by the Platform as well as the output generated by the Platform for your benefit, excluding any pre-existing Bluebox content or materials.
3. Ownership; Restrictions
Bluebox owns and reserves all right, title, and interest in and to the Platform, the Documentation, all Bluebox Confidential Information, all other pre-existing Bluebox content and materials, and all modifications, improvements, and derivative works of any of the foregoing. No rights are granted to you other than as expressly set forth herein. You will not:
- use the Platform other than in accordance with the Terms of Service and applicable laws and regulations;
- use the Platform for the benefit of any third party or make the Platform available to any third party;
- modify, adapt, translate, copy, or create derivative works based on the Platform, or use the Platform to create or distribute any competitive product or service or perform any benchmark or competitive analysis;
- reverse engineer, decompile, or disassemble the Platform, or attempt to derive or gain access to the Platform's object code or source code or any algorithms, methods, techniques, operational mechanisms, or underlying ideas used or embodied in the Platform; or
- use the Platform to upload, store, or transmit any malicious or harmful code, scripts, routines, or other materials or any confidential or personal data that requires the highest level of access control and security protection.
4. Access to the Platform
You are responsible for securing and protecting your account access credentials and for all use of the Platform via your account(s), and you will remain liable for the activities of all users accessing the Platform through your account. Bluebox may modify, or terminate your account and access to, the Platform at any time, including but not limited to instances in which your account remains inactive for at least seven (7) days. If you choose to provide feedback about the Platform, Bluebox may use the feedback without restrictions provided that Bluebox will not identify you. Your use of the Platform may be subject to limitations posted on this website or in Documentation. Usage in excess of these limitations violates the Terms of Service.
5. Confidentiality
The Recipient will: (i) protect the Discloser's Confidential Information using the same degree of care (but in no event less than reasonable care) that it uses to protect its own information of a similar nature; (ii) limit use of the Discloser's Confidential Information to purposes consistent with the Terms of Service; and (iii) limit access to the Discloser's Confidential Information to those of its employees (and, in the case of Bluebox, its affiliates and service providers) ("Representatives") who need to access the Confidential Information for the purposes permitted herein and are subject to confidentiality obligations no less stringent than those herein. Each party accepts responsibility for the actions of its Representatives.
"Confidential Information" means all nonpublic information disclosed by a party (the "Discloser") to the other party (the "Recipient"), in any form or medium, that is designated as "confidential" or, given the nature of the information or circumstances of its disclosure, should reasonably be understood to be confidential. Bluebox's Confidential Information includes but is not limited to: the Platform, the Documentation, all information related to the Platform or Bluebox's other products or services, technology, pricing, finances, security, business affairs, research and development, know-how, inventions, trade secrets, business partners, employees, and customers. Confidential Information does not include information that: (a) is known to the Recipient before disclosure by the Discloser without any obligation of confidentiality; (b) lawfully becomes publicly known without breach of the Terms of Service; (c) becomes known to the Recipient from a source that does not have an obligation of confidentiality to the Discloser; or (d) is independently developed by the Recipient without use of the Discloser's Confidential Information.
Unauthorized disclosure of Confidential Information may cause immediate and irreparable injury to the Discloser and, in the event of such breach, the Discloser will be entitled to seek, in addition to any other available remedies, immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages. The Recipient shall promptly notify the Discloser of any known unauthorized disclosure of Confidential Information and will cooperate with any reasonable request of the Discloser in enforcing its rights. The Recipient may disclose Confidential Information as required by applicable law or legal process, but only after it notifies the Discloser and, to the extent legally permitted, assists the Discloser in seeking a protective order or contesting the required disclosure at the Discloser's expense. The obligations of confidentiality shall survive for a period of five (5) years following termination of your access to the Platform provided that identified trade secrets shall remain confidential for so long as they qualify as trade secrets under applicable law.
6. Data Privacy
If, as a data processor, Bluebox processes (on your behalf) personal data that is subject to applicable data protection laws and the parties have not executed a separate data processing agreement that complies with applicable data protection laws, the Data Processing Agreement applies.
7. Disclaimers; Limitations of Liability
BLUEBOX PROVIDES THE PLATFORM, THE DOCUMENTATION, AND ALL OUTPUT AND CONFIDENTIAL INFORMATION "AS-IS" AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY. BLUEBOX DOES NOT PROVIDE ANY SERVICE LEVELS, INDEMNITIES, SUPPORT, OR MAINTENANCE FOR THE PLATFORM. BLUEBOX SHALL HAVE NO LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER ARISING FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN WHICH CASE BLUEBOX'S TOTAL CUMULATIVE LIABILITY WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
8. Platform Data; AI Features
You acknowledge and agree that Bluebox may conduct process mining and collect, store, and otherwise process technical and system usage data, analytics, and diagnostic information ("Platform Data"), which Bluebox shall own and may use for any purpose. Machine learning and generative and agentic artificial intelligence may enable certain Platform functionalities ("AI Features"). If provided for your use, AI Features are considered part of the Platform governed by the Terms of Service. Bluebox will clearly indicate which Platform features are AI Features. Customer is responsible for informing its users of AI Features whenever disclosure is required by law or is necessary for fairness and transparency. Customer will not use AI Features in or with any application, or for any purpose, where the use or failure could result in injury, death, or catastrophic damage, and Customer is responsible for configuring and monitoring its workflows enabled by AI Features and reviewing and approving associated actions and results. Bluebox will not be liable for any loss or damage arising from your misconfiguration or inadequate monitoring of AI Features or use of AI Features in a manner that contravenes the Terms of Service. By enabling any autonomous execution using AI Features, you accept responsibility for the results.
9. Term and Termination
The Term will begin on the date on which you accept the Terms of Service and end on the date of either party's written termination notice to the other party (email to suffice). If Bluebox terminates your account and access to the Platform, it will email notice of termination to the email address which you submitted upon registration. If you wish to terminate your access to the Platform, you should email your termination notice to hello@bluebox.ai. Upon termination, all rights and licenses granted to you herein will immediately terminate; you will cease using the Platform and all Documentation; and, subject to the licenses granted herein, each party will return or securely delete all copies and portions of the other party's Confidential Information and confirm such in writing.
10. Export Control
You will comply with all applicable U.S., EU, UN export and re-export laws, regulations, and requirements ("Export Laws") and certify that none of your users are on any of the relevant U.S. government lists of prohibited persons, including the Treasury Department's List of Specially Designated Nationals and the Commerce Department's List of Denied Persons or Entity List. You will not export, re-export, ship, transfer or otherwise use the Platform in any country subject to an embargo or other sanction by the United States, and will not use the Platform for any purpose prohibited by Export Laws. You will cooperate with reasonable requests for information to support efforts to verify user identity and use of the Platform.
11. Miscellaneous
The Terms of Service contain the entire agreement with respect to the subject matter hereof. Failure to enforce any provision hereof will not constitute a waiver. If any provision is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Service without affecting the remaining provisions. You may not assign or delegate any of your rights or obligations under the Terms of Service, and any attempt to do so will be void. Bluebox may use its affiliates and qualified service providers to provide the Platform, provided that Bluebox remains responsible for their actions. The following sections shall survive termination or expiration of your access to the Platform: 2 (regarding the use of Derivative Data), 3, 4 (regarding the use of feedback), 5, 7, 8, 9, and 11. All disputes and legal actions and proceedings related to the Terms of Service shall be governed by U.S. federal law or the laws of the State of Delaware, without giving effect to any principles of conflicts of laws, and you consent and submit to the exclusive jurisdiction of the courts of the State of Delaware. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
The Platform and Documentation are deemed to be "commercial computer software" and "commercial computer software documentation", respectively, pursuant to DFARS Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display, or disclosure of the Platform and Documentation by or for the U.S. Government shall be governed solely by the Terms of Service to the maximum extent permitted by law.