Terms of Service
These Bluebox Terms of Service (the "Terms of Service") govern your ("Customer", "you", "your") use of the Services, Documentation, and Support and, by checking the box on the Services signup page, you represent that (i) you have read, understand, and agree to be bound by the Terms of Service, (ii) you are of legal age to form a binding contract with Bluebox, and (iii) you have the authority to enter into the Terms of Service personally or on behalf of the company or other organization that you specified for Subscription invoicing or while creating your Services account and to bind that entity to the Terms of Service. If you agree to the Terms of Service on behalf of a company or organization, "Customer", "you", and "your" refer to the entity you are representing. ("Bluebox", "we", and "our" mean Dynatrace LLC.)
1. Definitions
1.1 "Account" means your account, created via the Bluebox Website, to access and use the Services and Support.
1.2 "Account Data" means billing and other information about you provided to Bluebox in connection with the administration of your Account, or as necessary for you to use Services or Support.
1.3 "Affiliate" means, with respect to a party, an entity that is directly or indirectly controlled by, is under common control with, or controls that party, by voting, contractual, or similar interest.
1.4 "AI Feature" means any Services functionality that utilizes machine learning and/or generative or agentic artificial intelligence.
1.5 "AI Output" means Output that is generated by AI Features.
1.6 "Bluebox Extension" means any separately downloadable or accessible configuration file, script, add-on, plug-in, command, function, API, or application (and all updates, modifications, and new releases of any of the foregoing) that Bluebox makes available from time to time, either at the Bluebox Website or via other means, to support use of the Platform.
1.7 "Bluebox Platform" (or the "Platform") means, as updated from time to time, the hosted services made available by Bluebox via https://app.bluebox.ai/signin, not including Bluebox Extensions.
1.8 "Bluebox Website" means https://bluebox.ai and associated subpages.
1.9 "Customer Data" means (i) the prompts and other data and information that you submit or transmit for processing by the Services and (ii) the corresponding Output.
1.10 "Documentation" means the then-current information maintained at https://docs.bluebox.ai.
1.11 "Intellectual Property Rights" means all worldwide intellectual property rights (whether registered or unregistered) granted or otherwise in existence including, without limitation, copyrights and other rights in works of authorship; rights in trademarks, trade names, and other designations of source; rights in trade secrets, know-how, and confidential information; and patents and patent applications.
1.12 "Open-Source Software" means software provided under a separate "open-source" or "free" software license recognized by the Open Source Initiative or Free Software Foundation, or similar freeware license.
1.13 "Output" means the analyses, predictions, recommendations, insights, and other results (excluding any pre-existing content or materials of Bluebox) that are generated for you by the Services based on processing of the prompts or other data or information that you submit or transmit to the Services.
1.14 "Personal Data" means any data relating to an identified or identifiable natural person.
1.15 "Platform Data" means technical, operational, diagnostic, and usage data related to the Services.
1.16 "Restricted Information" means any Personal Data or other information that is protected by law and requires the highest level of access control and security protection, such as, for example, health information, birthdates, driver's license numbers, bank account numbers, passport numbers, credit card numbers, and social security numbers.
1.17 "Services" means the Bluebox Platform and Bluebox Extensions.
1.18 "Subscription" means any free or paid access to and use of the Services and Support.
1.19 "Support" means technical support, if any, that Bluebox provides in connection with the Services.
1.20 "Term" means the duration of a Subscription.
1.21 "Third-Party Agent" means a contractor, vendor, or other third party delivering information technology services to either party.
2. Use of Services
2.1 Grant of Rights. Subject to your continued compliance with these Terms of Service, Bluebox grants you, during the Term, a limited, non-transferable, non-exclusive right and license (without any sublicensing rights) to: (i) access and use the Bluebox Platform in accordance with the Documentation, solely for your internal business operations, and (ii) download, install, and use Bluebox Extensions and Documentation only to support your authorized use of the Bluebox Platform.
2.2 Customer Third-Party Agents. Your Third-Party Agents may access and use the Services and Documentation to facilitate your authorized use of the Services provided that: (i) you ensure that each Third-Party Agent complies with the Terms of Service; (ii) you remain liable for all acts and omissions of, and agree to enforce the Terms of Service against, your Third-Party Agents; and (iii) the aggregate use of Services by you and your Third-Party Agents must not exceed applicable usage limits.
2.3 Customer Data. You authorize Bluebox, its Affiliates, and its Third-Party Agents to use Customer Data to provide and improve the Services and Support and to develop new offerings. Bluebox may collect, store, and use Platform Data to provide and improve the Services and Support and for other business purposes. Except for the rights expressly granted to Bluebox, you retain all rights in and to Customer Data.
2.4 Account Access. You are responsible for maintaining the security of your Account and your Account access credentials and for all use of your Account.
2.5 Open-Source Software. Open-Source Software included in Bluebox Extensions is governed by separate license terms that will prevail over these Terms of Service with respect to use of the Open-Source Software.
2.6 Feedback. At your option, you may provide feedback or suggestions to Bluebox about Services, Documentation, or Support ("Feedback"). Feedback is owned solely and exclusively by Bluebox and may be used by Bluebox for any purpose without any restrictions or obligations to you.
3. Restrictions; Ownership
3.1 Restrictions. You must not: (i) use any Services, Documentation, or Support (a) other than in accordance with these Terms of Service, (b) for any unlawful, invasive, or infringing purpose, or (c) in any way that violates, or encourages violation of, the rights of any person or entity; (ii) access (or attempt to access) any Services, Documentation, or Support by any means except through Bluebox's available interfaces or as otherwise authorized by Bluebox; (iii) share your Account access credentials or misrepresent your identity in accessing or using any Services or Support; (iv) display or make available any Services, Documentation, or Support to any third party except your Third-Party Agents as expressly permitted herein; (v) provide any Restricted Information to be processed by Bluebox other than payment information used to pay your fees; (vi) use any Services, Documentation, or Support for the benefit of any third party or sell, resell, sublicense, distribute, transfer, or otherwise exploit your rights to use any Services, Documentation, or Support to or for any third party, whether as part of a managed service, service bureau, software as a service, or otherwise; (vii) modify, adapt, translate, copy, re-use, or create derivative works based on any Services, Documentation, or Support; (viii) access or use any Services, Documentation, or Support in order to (a) create or distribute a product or service that competes with any Services or any other Bluebox offering, or (b) perform or publish benchmarks or competitive analyses; (ix) violate the security, integrity, capacity, or availability of, or overburden, any data, systems, or networks of Bluebox or other users; (x) reverse engineer, decompile, disassemble, or otherwise attempt to derive or gain access to any source code or underlying algorithms, methods, operational mechanisms, or ideas of, or used by, any Services or Support; (xi) remove or alter any proprietary notices or markings that appear in, or are presented with, any Services, Documentation, or Support; or (xii) use any Services or Support to upload, store, or transmit any: (a) spam or unauthorized advertising or promotional material; (b) material that is libelous, defamatory, hateful, obscene, or otherwise actionable or, as determined by Bluebox, inappropriate; or (c) worms, viruses, malware, Trojan horses, scripts, bots, or means, tools, programs, or algorithms to harvest, download, or collect information, or any computer code or files of a destructive, damaging, or interfering nature.
3.2 Ownership. Neither party grants the other any rights or licenses not expressly set out in these Terms of Service. Except for the limited rights of use expressly granted to you herein, Bluebox retains ownership of (and all Intellectual Property Rights and other rights) in and to: (i) the Services and Support (and all other Bluebox offerings); (ii) the Documentation; (iii) all Confidential Information of Bluebox and all Platform Data; and (iv) all modifications, updates, improvements, and derivative works of any of the foregoing.
4. Payment
4.1 Fees. Each paid Subscription is subject to an invoice separately issued by Bluebox. No Subscriptions are binding on Bluebox until accepted by Bluebox. For each paid Subscription in which you enroll, you agree to pay the amounts specified in the corresponding Bluebox-issued invoice within fifteen (15) days of each monthly or annual payment date established in the invoice. All amounts must be paid in U.S. dollars, are fully earned upon payment and, except as expressly provided otherwise herein, are non-refundable. You must assert any good faith payment dispute in writing within fifteen (15) days of your receipt of the invoice giving rise to the dispute. Undisputed amounts remain payable, and the existence of a dispute will not restrict Bluebox's rights to collect such amounts or enforce its right to payment. Any terms or conditions included in or with any purchase order or other instrument issued by Customer in connection with a Subscription or an Account which are in addition to, inconsistent with, or different from these Terms of Service will be of no force or effect.
4.2 Payment Methods. If you pay with a credit card or a digital payment method supported by Bluebox, you authorize Bluebox to charge your Account using that payment method. You must keep all of your billing information and other Account Data current. You authorize Bluebox to use Account Data to manage your Account and provide you with Services-related insights and other reporting.
4.3 Taxes. Fees are exclusive of taxes, levies, duties, and charges imposed by government authorities (collectively, "Taxes"), and you are responsible for paying all Taxes. If you are required to deduct or withhold any Taxes under applicable law, you must pay the amounts deducted or withheld and pay Bluebox an additional amount so that, for amounts due, Bluebox receives payment in full.
4.4 Pricing. Unless otherwise stated, pricing is detailed at https://bluebox.ai/pricing.
5. Support
Support may not be available in connection with free or trial use of the Services. Support-related inquiries should be submitted to support@bluebox.ai.
6. Warranty
6.1 Limited Warranty. The following limited warranty applies only to paid use of the Platform. Bluebox warrants that the Platform will operate substantially in compliance with applicable Documentation during the Term, provided that the Platform (i) is used and configured as described in the Documentation and (ii) has not been modified or added to other than by Bluebox. If the Platform does not perform as warranted and you notify Bluebox within thirty (30) days of discovering the non-conformity, Bluebox will, at its sole option and as your exclusive remedy, undertake to correct the non-conformity; provided that, if Bluebox determines that it is not commercially reasonable or possible to correct a non-conformity within a reasonable timeframe, Bluebox may terminate your Subscription(s) and refund any unused fees that you prepaid for use of the Platform.
6.2 Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SPECIFIED ABOVE, BLUEBOX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; SECURITY; NON-INFRINGEMENT; COMPATIBILITY; OR THAT THE SERVICES OR OUTPUT THEREOF WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, OR FREE OF DEFECTS OR VIRUSES. BLUEBOX MAKES NO WARRANTY ABOUT ANY THIRD-PARTY PRODUCTS OR CONTENT.
7. Indemnification
7.1 Bluebox Indemnity. Bluebox will (i) defend you, your Affiliates, and your and their respective officers, directors, and employees ("Customer Indemnified Parties") from and against any action, proceeding, claim, or demand (a "Claim") by a third party to the extent alleging that a Customer Indemnified Party's authorized use of the Platform directly infringes any patent or copyright (a "Third-Party Infringement Claim"), and (ii) pay all damages, costs, and expenses (including attorneys' fees and costs) finally awarded against the Customer Indemnified Party as a result of, or amounts paid by the Customer Indemnified Party under a settlement approved in writing by Bluebox for, any such Third-Party Infringement Claim. Notwithstanding anything to the contrary herein, the foregoing obligations will not apply to any Third-Party Infringement Claim based on or related to: (a) Customer Data or Account Data; (b) use of the Platform in combination with any software, hardware, network, technology, service, or system not supplied by Bluebox; (c) any modification or alteration of the Platform other than by Bluebox; (d) continued use of the Platform after Bluebox issues notification to discontinue use due to an alleged or suspected infringement; (e) any unauthorized use of the Platform; or (f) failure to implement an update, upgrade, or bug fix provided by Bluebox. Together with the mitigation obligations set forth in Section 7.3, this represents your sole and exclusive remedy and Bluebox's entire liability regarding infringement of any third-party intellectual property.
7.2 Customer Indemnity. You will defend Bluebox, its Affiliates, and its and their respective officers, directors, and employees ("Bluebox Indemnified Parties") from and against any Claim by a third party related to or arising from (i) Customer Data or Account Data or (ii) your alleged (a) breach of the Terms of Service or (b) violation of applicable law or regulation; and you will pay all damages, costs, and expenses (including, without limitation, attorneys' fees and costs) finally awarded against Bluebox Indemnified Parties as a result of, or amounts paid by Bluebox Indemnified Parties under a settlement approved by you in writing for, any such Claim.
7.3 Mitigation. In response to an actual or potential infringement, if required by settlement or injunction, or to avoid material liability, Bluebox may (at its option and expense): (i) procure the rights needed for you to continue using the Platform; (ii) replace or modify the Platform to make it non-infringing; or (iii) terminate your Subscriptions and refund any unused fees that you prepaid for use of the Platform.
7.4 Indemnification Procedures. A party seeking indemnification must: (i) promptly notify the other party (the "Indemnifying Party") in writing of the Claim; (ii) give the Indemnifying Party all reasonable assistance, at the Indemnifying Party's expense; and (iii) afford the Indemnifying Party sole control of the defense and settlement of the Claim, except that, if Claim settlement would require action or payment by any Bluebox or Customer Indemnified Party (an "Indemnified Party"), the Indemnifying Party may not settle the Claim without the written consent of the Indemnified Party. An Indemnified Party may, at its own expense, participate in the defense of a Claim with its own chosen counsel, provided that the Indemnifying Party will control the defense.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLUEBOX, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS OR DATA, OR OTHER INTANGIBLE LOSSES; AND IN NO EVENT WILL BLUEBOX'S, ITS AFFILIATES', AND ITS AND THEIR RESPECTIVE OFFICERS', DIRECTORS', AND EMPLOYEES' CUMULATIVE AND AGGREGATE LIABILITY EXCEED THE GREATER OF $1,000 OR THE FEES YOU PAID TO BLUEBOX FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THESE EXCLUSIONS AND LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
9. Confidential Information
9.1 Definition of Confidential Information. "Confidential Information" means any and all non-public information or materials provided by one party ("Discloser") to the other party ("Recipient"), in any form or medium, whether oral or written, that is designated as (or which a reasonable person should understand to be) confidential or proprietary. Confidential Information includes, without limitation, all information and materials related to Bluebox's pricing, customers, technology, products, product roadmaps, services, know-how, trade secrets, finances, marketing and promotional activities, and other business affairs.
9.2 Non-disclosure Obligations. Recipient will use Discloser's Confidential Information only to exercise Recipient's rights and perform Recipient's obligations detailed herein (the "Purpose") and will disclose Discloser's Confidential Information only to those of Recipient's employees and Third-Party Agents who need to know the Confidential Information for the Purpose and are subject to written restrictions on use and non-disclosure obligations at least as protective as those detailed herein. Recipient will be liable for the acts and omissions of its Third-Party Agents and will protect Confidential Information from unauthorized use, access, and disclosure in the same manner as Recipient protects its own confidential or proprietary information of a similar nature but with no less than reasonable care.
9.3 Exceptions. Confidential Information does not include information Recipient can show by written records: (i) was already known to Recipient prior to disclosure; (ii) was disclosed to Recipient by a third party who had the right to make such disclosure without confidentiality restrictions; (iii) is, or through no fault of Recipient has become, generally available to the public; or (iv) was independently developed by Recipient without access to, or use of, Discloser's Confidential Information. Recipient may disclose Confidential Information to the extent required by law or a valid binding order of a governmental body, provided that (if legally permitted) Recipient first notifies Discloser of the required disclosure promptly in writing and cooperates with Discloser, at Discloser's expense, in any lawful action to contest or limit the scope of the required disclosure. If Recipient is prohibited from notifying Discloser before Confidential Information is disclosed, Recipient will, to the extent legally permitted, inform Discloser of the full circumstances of the disclosure and the information that was disclosed as soon as permitted after the disclosure was made.
9.4 Injunctive Relief. Unauthorized use or disclosure of Confidential Information may cause immediate and irreparable injury to Discloser for which Discloser will be entitled to seek, in addition to other available remedies, immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages. Recipient will promptly notify Discloser of any known unauthorized disclosure of Confidential Information and will cooperate with Discloser's reasonable requests in enforcing its rights.
10. Data Privacy and Security
10.1 Data Processing Agreement. If, as a data processor, Bluebox processes (on your behalf) 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.
10.2 Security. Bluebox has implemented and will follow appropriate technical and organizational measures intended to protect Customer Data and Account Data against accidental, unauthorized, or unlawful access, disclosure, damage, alteration, loss, or destruction. If Bluebox becomes aware of unlawful access, disclosure, damage, alteration, loss, or destruction of Customer Data or Account Data stored on Bluebox equipment or in a Bluebox facility (each a "Security Incident"), Bluebox will notify you of the Security Incident without undue delay (provided that notification may be delayed as required by a law enforcement agency) and take commercially reasonable steps to comply with its obligations under applicable laws. Bluebox's notification and response to a Security Incident is not an acknowledgment by Bluebox of any fault or liability.
11. Artificial Intelligence
By using AI Features, you instruct Bluebox to process Customer Data for purposes of providing you with the associated Services functionalities. You 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. Bluebox will not be liable for any claims or damages arising from such uses or from automated workflows or suggested code changes that you choose to implement. AI Output constitutes only suggestions and may include inaccuracies, and you should evaluate AI Output before using it.
12. Free or Trial Use
Free or trial use of Services or Support ("Trial Use") may be subject to usage limits and additional terms included in Documentation or on the Bluebox Website. Bluebox may charge you for usage in excess of applicable limits and terminate or suspend all or any portion of Trial Use or use of Bluebox Extensions at any time and for any reason. Certain features and Support may not be available with Trial Use. All Trial Use, and all Bluebox Extensions, are provided "AS IS" with no defense or indemnification commitments, service levels, or representations or warranties of any kind. Bluebox and its Affiliates will have no liability of any kind with respect to Trial Use or any Bluebox Extensions unless otherwise required by applicable law, in which case Bluebox's and its Affiliates' total, aggregate liability to you will not exceed $1,000.
13. Termination
13.1 Term and Termination. The Term of a free Subscription will begin on the date of your Account creation and continue until terminated in accordance with these Terms of Service. The Term of a paid Subscription will begin on the "start date" listed on the corresponding invoice issued by Bluebox and, unless earlier terminated in accordance with these Terms of Service, will continue on the monthly or annual basis specified on the invoice. Either party may terminate any Subscription for cause: (i) on thirty (30) days' written notice to the other party of a material breach thereof if such breach remains unremedied at the end of such period (or immediately if the material breach is not capable of being remedied); or (ii) immediately upon written notice if the other party terminates or suspends its business or becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or an assignment for the benefit of creditors. Bluebox may terminate any Subscription immediately on written notice to you if you: (a) fail to pay any amounts due thereunder and such failure continues for fourteen (14) days after written notice from Bluebox; (b) infringe or misappropriate Bluebox's Intellectual Property Rights including, without limitation, any use of any Services, Documentation, or Support other than as authorized hereunder; or (c) have not purchased a paid Subscription and your Account is inactive for at least thirty (30) days.
13.2 Effects of Termination. Upon termination or expiration of a Subscription: (i) all rights granted to you with respect to the terminated or expired Subscription will immediately terminate; and (ii) you must cease using all applicable Services and Documentation and either return to Bluebox or destroy all copies of all Bluebox Extensions, Documentation, and Confidential Information of Bluebox (and, upon Bluebox's request, certify in writing the completion of such return or destruction). All provisions of the Terms of Service that should, by their nature, survive the termination or expiration shall survive, including, without limitation, the following: any payment obligations of Customer, and Sections 1, 2.2(ii), 2.3, 2.4, 2.6, 3, 4, 6.2, 7–12, 13.2, and 14. If a Subscription is terminated by you for cause pursuant to Section 13.1, Bluebox will refund you a prorated share of fees that you prepaid for use of the Platform. If any Subscription is terminated by Bluebox for cause pursuant to Section 13.1, Bluebox will not be required to refund any associated amounts that you prepaid, and you must immediately pay Bluebox any unpaid amounts for that billing period (whether monthly or annual).
13.3 Suspension; Modification. Bluebox may suspend your access to all or any portion of the Services if Bluebox reasonably believes that: (i) there is a risk of attack on the Services or a security risk to your Account; (ii) your Account access credentials have been compromised or shared or you have used the Services in an unauthorized manner; or (iii) continued provision is prohibited by applicable law (each a "Suspension"). Bluebox will use reasonable efforts to provide written notice of a Suspension and will resume providing access to affected Services without undue delay after the event giving rise to the Suspension is cured, if curable. Bluebox will have no liability for any damages, liabilities, losses, or other consequences that you may incur due to a Suspension. Bluebox may also modify the Services at any time for security, improvement, compliance, and other purposes. If any such modification results in a material decrease in functionality for the Platform and Bluebox fails to remedy the decreased functionality within thirty (30) days of written notice from you, then you may terminate your affected Subscriptions (by providing written notice to Bluebox), in which case Bluebox will refund any unused fees that you prepaid for use of the Platform.
14. General
14.1 Entire Agreement. These Terms of Service, together with all invoices that Bluebox issues to you, contain the parties' entire agreement – and supersede all previous or contemporaneous communications, proposals, commitments, and agreements (oral or written) between the parties – regarding the subject matter hereof. Unless expressly stated otherwise in an invoice issued by Bluebox, with respect to any inconsistency between these Terms of Service and terms of an invoice, these Terms of Service shall supersede and control. Except as provided otherwise in Section 14.12, these Terms of Service may be modified only by a written instrument signed by an authorized representative of each party.
14.2 Assignment. Except as otherwise expressly permitted herein, you shall not assign any of your rights or obligations, or delegate your performance, under these Terms of Service or any Subscription without Bluebox's prior written consent. Any other attempted assignment or transfer by you will be void. Bluebox may use its Affiliates, Third-Party Agents, and other sufficiently qualified subcontractors to provide the Services and Support as long as Bluebox remains responsible for their performance.
14.3 Notices. You must send all formal notices by email and certified or registered mail to: Dynatrace LLC, 280 Congress Street, 11th Floor, Boston, MA, 02210, United States of America, legalnotices@dynatrace.com.
14.4 Compliance with Laws. Each party will comply with all laws and regulations applicable to its activities hereunder. Bluebox is not responsible for compliance with any laws or regulations that apply to Customer or Customer's industry that are not otherwise applicable to Bluebox.
14.5 Export Controls. Each party will comply with applicable United States, EU, and UN export and re-export laws, regulations, and requirements ("Trade Laws"). You will not export, re-export, use, or make available any software or service that may be subject to Trade Laws, to any location, or to or on behalf of any end user, or for any end use, without first obtaining any export license, permit, or other approval that may be required and providing notice of such actions to Bluebox at legalnotices@dynatrace.com. Without limiting the foregoing, you will not export or re-export any software, or use or make available any software or service, subject to the Terms of Service (i) to any Group E country listed in 15 C.F.R. Part 740, Supplement No. 1 or the Crimea, Donetsk, or Luhansk regions of Ukraine; (ii) to any party of concern listed at www.trade.gov/consolidated-screening-list, or to any party owned or controlled by any such party of concern; or (iii) for any end use related to the development, production, or use of nuclear, chemical, or biological weapons, or missiles. If, during the Term, Bluebox is not permitted, due to applicable Trade Laws, sanctions, or similar government restrictions, to supply the Services to you or receive payment from your financial institution or payment processor, Bluebox may terminate or suspend its performance upon written notice without penalty. Without limiting the foregoing, the Services may not be available in the countries, territories, or regions listed in Exhibit A.
14.6 Government Use. The Services and Documentation are provided to the U.S. Government as "commercial items", "commercial computer software", "commercial computer software documentation", and "technical data" with the same rights and restrictions that are generally applicable to the Services and Documentation. If you are using the Services and Documentation on behalf of the U.S. Government and, if these terms do not meet the U.S. Government's needs or are inconsistent with federal law, you must immediately discontinue use of the Services and Documentation. The terms listed above are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
14.7 Force Majeure. Neither party will be liable for delay or default in performing its obligations, excluding payment obligations, if the delay or default is caused by conditions beyond its reasonable control.
14.8 Publicity. Unless and until Customer objects, Bluebox may reference Customer as a client (and include Customer's name, logos, and trademarks) on the Bluebox Website and in marketing and advertising materials, provided that Bluebox complies with all trademark use guidelines that Customer provides.
14.9 Electronic Communications. You agree to receive Bluebox electronic communications related to the Services, your Account, your Subscriptions, support, billing, security, and other operational matters. Except where prohibited by applicable law, such communications may be provided via text, email, or SMS, through the Services, or by posting on the Bluebox Website. Marketing communications remain subject to applicable law and applicable communication preferences.
14.10 Governing Law. You agree that any legal action, proceeding, or other matter related to these Terms of Service or your Subscriptions will be governed by U.S. federal law and the laws of the State of Delaware, without giving effect to any principles of conflicts of laws. You hereby consent and submit to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware. These laws apply notwithstanding your domicile, residency, or physical location. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application hereto. Section 14.10 is subject to Section 14.11.
14.11 Dispute Resolution; Arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms of Service or the Services, including their formation, breach, termination, enforcement, interpretation, or validity (each a "Dispute"), will be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, before a single arbitrator. The arbitration will be seated in Wilmington, Delaware, conducted in English, and the arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Each party will bear its own attorneys' fees and costs, and the parties will share equally the fees of the AAA and the arbitrator, unless the arbitrator determines otherwise in accordance with applicable AAA rules. The existence, content, and outcomes of any arbitration will be treated as Confidential Information. Notwithstanding the foregoing, either party may (i) seek injunctive or other equitable relief in any court of competent jurisdiction to protect its Intellectual Property Rights or Confidential Information, without waiving its rights to arbitrate, and (ii) bring an individual claim in small claims court if the claim qualifies. All disputes must be brought in the parties' individual capacity, and not as plaintiff or class member in any purported class, collective, consolidated, or representative proceeding; the arbitrator may not consolidate more than one party's claims. If the class waiver is found unenforceable as to a particular Dispute, that Dispute (and only that Dispute) will proceed in the courts identified in Section 14.10.
14.12 Changes to the Terms. Bluebox may modify these Terms of Service by posting a revised version on this webpage (as indicated by the "last updated" date at the top of the page). Modifications will become effective upon posting; provided that, if you are using the Services pursuant to a paid Subscription with a fixed term (specified on the corresponding invoice issued by Bluebox) of at least twelve (12) months, the modifications will not become effective until the day on which the Subscription renews or is otherwise extended beyond the initial fixed term. Your continued use of the Services following the date on which a modification becomes effective will be deemed to conclusively indicate your acceptance of the modified Terms of Service. If you object to any change to the Terms of Service, you must immediately cease using the Services, and your Subscriptions will terminate.
14.13 Miscellaneous. Failure or delay by either party in enforcing any of these Terms of Service will not constitute a waiver. If any provision hereof is determined by a court of competent jurisdiction to be void, invalid, or unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and such determination will not affect the remaining provisions. The parties are independent contractors and will represent themselves accordingly in all regards.
Exhibit A — Restricted Countries
Afghanistan, Angola, Anguilla, Belarus, Bhutan, Burundi, Central African Republic, Chad, China, Comoros, Cuba, Dominica, Dominican Republic, Ecuador, Ethiopia, Fiji, Ghana, Guinea, Guinea-Bissau, Haiti, Hong Kong, Iran, Iraq, Jamaica, Kenya, Libya, Macau, Malawi, Mali, Moldova, Monaco, Montenegro, Morocco, Nepal, New Caledonia, Nicaragua, Niger, Nigeria, Niue, North Korea, Pakistan, Pitcairn Islands, Russia, Saint Pierre and Miquelon, Serbia, Sint Maarten, Somalia, South Sudan, Sudan, Syria, Tanzania, Uganda, United States Virgin Islands, Vatican City, Venezuela, Vietnam, West Bank, Yemen, and Zimbabwe.