Website Terms of Use
These Terms of Use are a legal agreement between Dynatrace LLC ("Company") and you, and govern your access to and use of the Bluebox.ai website at www.bluebox.ai (the "Website") and all HTML, text, data, graphics, images, audio clips, videos, and other content available on the Website ("Materials"). Wherever used in these Terms of Use, "Customer", "you", "your" or similar terms mean the person or legal entity accessing or using the Website or Materials, and "Company", "we" or "us" means Dynatrace LLC. These Terms of Use do not govern the use of any hosted monitoring, observability, or other services offered by Company on a subscription basis ("Services"). Access to and use of Services are governed by the separate agreement or terms of service made available by Company.
BY ACCESSING, BROWSING, AND/OR USING THE WEBSITE OR ANY MATERIALS, YOU (I) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE AND (II) REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND CAN FORM A VALID, BINDING AGREEMENT WITH COMPANY. IF YOU ARE ACCESSING OR USING THE WEBSITE OR MATERIALS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, THEN YOU ENTER INTO THESE TERMS OF USE ON BEHALF OF THAT COMPANY OR OTHER LEGAL ENTITY, AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY, IN WHICH CASE "YOU" AND "YOUR" REFER TO THAT ENTITY. YOUR ACCESS TO AND USE OF THE WEBSITE AND MATERIALS MUST BE IN ACCORDANCE WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE OR ANY MATERIALS. IF YOU VIOLATE THESE TERMS OF USE, YOU ARE NO LONGER PERMITTED TO USE THE WEBSITE OR ANY MATERIALS, AND COMPANY MAY TERMINATE YOUR ABILITY TO ACCESS OR USE THE WEBSITE AND ANY MATERIALS AT ANY TIME.
1. Changes to These Terms of Use
Company may update, supplement, and otherwise modify the Terms of Use, and impose new or additional terms and conditions on your use of the Website and Materials, from time to time. When Company changes the Terms of Use in a material way, it will update the 'last updated' date on this page. Your continued access, browsing, or use of the Website or any Materials following such update will be deemed to conclusively indicate your acceptance of any and all Terms of Use. You are responsible for regularly reviewing the most current version of the Terms of Use which are currently available at bluebox.ai/website-terms/. If you object to any change to the Terms of Use, you must immediately cease using the Website and all Materials.
2. Your Use of the Website and Materials
Subject to your continued compliance with the Terms of Use, Company grants you a limited, revocable, personal, non-transferable, non-exclusive right and license (without any sublicensing right) to use the Website and Materials for your informational purposes and to support your use of Services authorized by Company. No other right, title, or interest in or to the Website or Materials is granted, whether by implication, estoppel, or otherwise; and all rights not expressly granted are reserved by Company and its licensors. Materials are provided for general information only and should not be relied upon or used as the basis for making significant decisions. Any reliance placed on the Materials is at your own risk. The Website may contain hyperlinks to other websites that are controlled by third parties. Company is not responsible for and does not endorse the contents or use of these websites. Your use of those third-party sites is subject to the terms and conditions of those sites and not these Terms of Use.
3. Updates to the Website and Materials
Company may make improvements, updates, and other changes to the Website and Materials at any time without notice. Despite periodic updates, the Website and Materials may occasionally be inaccurate, incomplete, or out of date. Company does not have a duty to update, and will not be liable for any failure to update, the Website or Materials. Company makes no representation as to the completeness, accuracy, or currency of the Website or Materials, and we undertake no obligation to update or revise the Website or Materials. It is your responsibility to verify any Materials before relying on them.
4. Your Content
The Website may allow you or other users to provide certain data, information, text, or content to be posted or made available on the Website ("Content"). Content that you or any other user provides on the Website (i) is public and, therefore, not confidential, (ii) represents the views and opinions of the person(s) submitting the Content, and (iii) does not represent Company's views or opinions. Company is not responsible if Content made available on the Website is not accurate, complete, or current. Company may review, refuse to post, edit, and remove any Content provided by you or any other user at any time without notice; but does not endorse and assumes no obligation to monitor or filter any Content that you provide. As between you and Company, you shall retain all rights in and to your Content except for the rights expressly granted to Company in these Terms of Use. By submitting or otherwise making Content available, you grant Company a royalty-free, fully paid-up, perpetual, irrevocable, world-wide, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display the Content in any format and in any medium as Company may choose. By posting Content, you agree that you are solely responsible for the origination, accuracy, completeness, ownership, publication, and dissemination of the Content and shall be responsible for obtaining and maintaining all applicable rights, licenses, permissions, releases, approvals, clearances, credit, and attribution information relating to the Content and paying any applicable royalties or fees in connection therewith.
At your option, you may provide feedback or suggestions to Company about the Website or Materials ("Feedback"). You agree that all rights, title, and interest in and to Feedback is, and shall be, owned solely and exclusively by Company and may be used by Company for any purpose without any restrictions or obligations to you.
5. Acceptable Use
You agree that you will not, and will not permit any third party to:
- use the Website or any Materials in any way that violates or infringes the right of any person or entity, or to otherwise engage in any fraudulent, unauthorized, or abusive conduct;
- copy, adapt, augment, distribute, modify, reproduce, alter, sell, sublicense, rent, lease, time-share, otherwise commercially exploit or make available to any third party, or make derivative works of, any portion of the Website or any Materials, except as expressly permitted in these Terms of Use;
- attempt to gain unauthorized access to, probe, or penetration-test any account, system, network, server, or data connected to or associated with the Website;
- reverse engineer, decompile, or disassemble any portion of the Website or Materials or software available via the Website, or attempt to derive or gain access to the object code or source code or any algorithms, methods, techniques, operational mechanisms, or underlying ideas used or embodied in the Website or any Materials or software available via the Website;
- use the Website or any Materials to build, train, or benchmark a competing product or service, or to train, develop, or improve any artificial intelligence or machine learning model, without Company's prior written consent;
- upload, post, transmit, use, introduce or otherwise make available (i) any libelous, defamatory, tortious, hateful, obscene, harassing, or otherwise actionable or objectionable material or (ii) any worm, virus, Trojan horse, script, bot, bomb, spider, or similar means, tool, program, or algorithm to harvest, download, or collect information, or any computer code or files of a destructive, damaging, or interfering nature;
- frame or recreate any portion of the Website or any Materials;
- interfere with, disrupt, or place an unreasonable burden on the Website or any services, networks, or systems connected to the Website;
- transmit or relay any spam or unauthorized advertising or promotional material; or
- remove, obscure, or alter any proprietary rights notices on the Website or any Materials.
Names and logos identifying Company products are Company trademarks, registered in the U.S. and other countries and territories. All other company or product names are trademarks of their respective owners. Unauthorized use of the Website and Materials may violate copyright, patent, and trademark and trade dress laws, and other intellectual property rights and unfair competition laws.
Company may investigate and take appropriate action against anyone who, in Company's sole discretion, violates this or any other section of these Terms of Use, including suspending or terminating access to the Website and all Materials and reporting conduct to law enforcement authorities.
6. Compliance with Laws
You represent that, in using the Website and Materials, you will comply with all laws, rules, regulations, and orders that are applicable to your use of the Website and Materials ("Applicable Laws"), including without limitation all Applicable Laws (i) relating to antibribery and anti-corruption, which may include the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act of 2010; or (ii) administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other government entity imposing export controls or trade sanctions. If you use the Website outside the United States of America, you are also responsible for complying with applicable local laws.
7. Privacy
The Dynatrace Privacy Notice governs any of the personal information that you provide to us or that we collect through your use of the Website.
8. Forward-Looking Statements
The Website and Materials may contain express or implied forward-looking statements based on Company's current expectations. These statements are neither promises nor guarantees and are subject to a variety of risks and uncertainties, many of which are beyond our control and could cause actual results to differ materially from those contemplated in these forward-looking statements. Company assumes no obligation to update any forward-looking statements, and such statements are current only as of the date they are made.
9. Your Account
If you are afforded the option of opening an account associated with or through the Website, you may be required to provide your legal full name, a valid email address, and any other information reasonably requested by Company to open the account. You are responsible for maintaining the security of your account and your account access credentials, and for all use of your account. Company reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or any Materials at any time and for any reason without notice or liability to you, including but not limited to instances in which Company believes you have violated these Terms of Use. To the extent applicable, if you identify any unauthorized access to your account or believe that your account has been breached or compromised in any way, you must immediately notify us.
10. Indemnity
You agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including, without limitation, attorneys' fees) arising out of or related to any claim, suit, action, or proceeding by a third party arising out of or related to your use of the Website or any Materials, breach of these Terms of Use, violation of law, or any Content that you post, upload to, or otherwise use with or make available for inclusion on the Website.
11. Disclaimer
YOUR USE OF THE WEBSITE AND MATERIALS IS AT YOUR OWN RISK. THE WEBSITE AND MATERIALS ARE PROVIDED "AS IS". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE OR USE; SECURITY; NON-INFRINGEMENT; COMPATIBILITY; THAT THE WEBSITE OR MATERIALS WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, OR FREE OF DEFECTS OR VIRUSES; OR THAT ANY DEFECTS WILL BE CORRECTED. IN ADDITION, COMPANY MAKES NO WARRANTY ABOUT ANY THIRD-PARTY PRODUCTS OR CONTENT OR USER-SUBMITTED CONTENT.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (I) IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF USE OF THE WEBSITE OR MATERIALS; AND (II) IN NO EVENT WILL COMPANY AND ITS AFFILIATES' CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS OF USE EXCEED FIVE HUNDRED U.S. DOLLARS ($500). THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 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.
13. Copyright Complaints
If you believe that any Materials, or any other content or information made available on or through the Website, infringes your copyright(s), you may send a notice to Company's designated agent at legalnotices@dynatrace.com, including: (a) a description of the copyrighted work(s) you believe have been infringed; (b) a description of and location for the allegedly infringing material; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on behalf of the copyright owner. Company reserves the right to remove or disable access to allegedly infringing material and to terminate the accounts of repeat infringers in appropriate circumstances.
14. U.S. Government Rights
The Website and Materials are provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19, or its successor provisions, as applicable. Contractor/manufacturer is Dynatrace LLC, 280 Congress Street 11th Floor, Boston, MA 02210, USA.
15. Governing Law and Jurisdiction
You agree that any legal action, proceeding, or other matter related to your access to, or use of, the Website or Materials 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. You agree that any such action or proceeding will be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.
16. Miscellaneous
Any provisions which, by their nature, should survive shall survive the termination of these Terms of Use. Company's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver of any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such right or provision. These Terms of Use constitute the entire agreement between you and Company with respect to, and govern, your use of the Website and Materials, superseding any prior agreements between you and Company (including, but not limited to, any prior online terms).
If you are a corporation, organization, partnership, or other non-individual entity, you shall cause your employees, agents, contractors, directors, and officers to comply with these Terms of Use and shall be responsible at all times for all such users. You may not assign these Terms of Use or any of your rights or obligations under these Terms of Use to a third party without Company's prior written consent. Company may assign the Terms of Use or its rights or obligations under these Terms of Use to any party at any time without notice to you. Subject to the foregoing, these Terms of Use shall be binding upon you and Company and your/its respective successors (including any successor by reason of amalgamation) and assigns. If any provision of these Terms of Use is determined by a court of competent jurisdiction to be void, invalid, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use and such determination shall not affect the remaining provisions.
17. Contact
You can contact Company at the following email and physical address:
Dynatrace LLC280 Congress Street 11th Floor
Boston, MA, 02210
United States of America
legalnotices@dynatrace.com