Terms of Service

1. Acceptance of Terms

By accessing and using the bluecircle SaaS platform and services provided by bluecircle B.V. ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our services. These Terms constitute a legally binding agreement between you and bluecircle B.V.

2. Description of Services

bluecircle provides Software as a Service (SaaS) solutions including but not limited to process automation, data analytics, team collaboration tools, and enterprise integrations. Our services are designed to help businesses streamline operations and improve productivity through cloud-based technology platforms.

3. User Accounts and Registration

To access our services, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

4. User Obligations and Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You are prohibited from:

• Using the services for any illegal or unauthorized purpose
• Attempting to gain unauthorized access to our systems or other users' accounts
• Uploading, transmitting, or storing malicious code, viruses, or harmful content
• Interfering with or disrupting the integrity or performance of our services
• Reverse engineering, decompiling, or disassembling our software
• Using our services to spam, harass, or send unsolicited communications
• Violating any applicable laws, regulations, or third-party rights

5. Intellectual Property Rights

The bluecircle platform, including all software, content, trademarks, logos, and other materials, is owned by bluecircle B.V. and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use our services in accordance with these Terms. You retain ownership of any data, content, or materials you upload to our platform, but you grant us a license to use, store, and process such content to provide our services.

6. Payment Terms and Billing

Our services are provided on a subscription basis with fees as specified in your service agreement or on our pricing page. Payment is due in advance for each billing period. We reserve the right to suspend or terminate services for non-payment. All fees are non-refundable except as required by law or as specified in your service agreement.

7. Data Protection and Privacy

Your privacy is important to us. Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR).

8. Service Availability and Maintenance

While we strive to provide continuous service availability, we do not guarantee uninterrupted access to our services. We may perform scheduled maintenance, updates, or emergency repairs that may temporarily affect service availability. We will provide reasonable notice of planned maintenance when possible.

9. Limitation of Liability

To the maximum extent permitted by law, bluecircle B.V. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business interruption, arising out of or relating to your use of our services. Our total liability for any claims arising under these Terms shall not exceed the amount paid by you for the services in the twelve months preceding the claim.

10. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be error-free, secure, or available at all times.

11. Indemnification

You agree to indemnify, defend, and hold harmless bluecircle B.V., its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses arising out of or relating to your use of our services, your violation of these Terms, or your violation of any rights of another party.

12. Termination

Either party may terminate this agreement at any time with or without cause by providing written notice. Upon termination, your access to our services will be discontinued, and we may delete your data in accordance with our data retention policies. Sections of these Terms that by their nature should survive termination shall remain in effect after termination.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of the Netherlands. If you are a consumer residing in the European Union, you may also have the right to bring proceedings in the courts of your country of residence.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

16. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and bluecircle B.V. regarding the use of our services and supersede all prior or contemporaneous communications and proposals.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

These Terms of Service are effective as of December 2024 and apply to all users of bluecircle services.