Legal Terms

Terms of Service

The rules, responsibilities, and legal terms that govern access to the Blueberry website and services.

Privacy PolicyData Processing Agreement

Last updated: April 15, 2026 Effective: April 15, 2026

1. Acceptance of these Terms

Welcome to Blueberry. These Website Terms of Use (the “Terms”) are a legal agreement between you and Unveil Technologies Inc. d/b/a Blueberry (“Blueberry,” “we,” “us,” or “our”) governing your access to and use of (i) our website at blueberry.ai and any other website, application, or property we operate that links to these Terms (the “Site”), and (ii) the Blueberry software-as-a-service platform and any related features, tools, documentation, and content we make available through the Site (the “Services”).

By accessing the Site, clicking a button or checkbox indicating acceptance, creating a Blueberry account, or otherwise using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not access the Site or use the Services.

If you are accepting these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization, and “you” refers to both you individually and that organization.

Enterprise customers. If you (or the organization you represent) have entered into a separate, signed services agreement with Blueberry (each, an “Enterprise Agreement”), that Enterprise Agreement — together with any Order Form and the Data Processing Addendum referenced there — governs your use of the Services, and these Terms apply to your use of the Site only to the extent they do not conflict with the Enterprise Agreement. In case of conflict, the Enterprise Agreement controls.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to use the Site or the Services. The Services are not directed to children, and we do not knowingly collect personal information from anyone under 18. If you believe a child has provided us with personal information, please contact [email protected].

You also represent that you are not located in, ordinarily resident in, or a national of any country or territory subject to comprehensive US sanctions, and that you are not on any US government restricted-party list.

3. Definitions

In these Terms:

  • “Blueberry Technology” means the Services, the Blueberry name, the Blueberry logos, our domain names and all subdomains and content thereon, and any software, graphical user interfaces, artificial intelligence and machine learning models, workflows, products, processes, algorithms, know-how, trade secrets, techniques, designs, inventions, and other tangible or intangible technical material or information used by Blueberry to provide the Services, together with all modifications, enhancements, improvements, and derivative works — but excluding Customer Data.
  • “Customer Data” means any data, media, or other content that you or your Users provide to Blueberry, or that Blueberry accesses on your behalf to provide the Services, including content received via any Third-Party Service integration.
  • “DPA” means our Data Processing Addendum, available at https://blueberry.ai/dpa, which is incorporated into these Terms by reference where Blueberry processes Personal Data (as defined in the DPA) on your behalf.
  • “Privacy Policy” means our privacy policy, available at https://blueberry.ai/privacy.
  • “Services” means Blueberry’s proprietary software-as-a-service platform designed to collect and analyze data for marketing purposes, provide related analytics to customers via an online portal, and assist customers in marketing to individuals online, together with any related implementation, training, or support we provide.
  • “Third-Party Service” means a product or service offered by a third party that is integrated with, or works in conjunction with, the Services.
  • “Users” means the employees, agents, or contractors you authorize to access the Services on your behalf for your internal business purposes.

4. Your account

To use most of the Services, you must create an account. You agree to:

  • Provide accurate, current, and complete information when registering and keep it up to date.
  • Keep your access credentials confidential and not share them with any third party (other than Users). You are responsible for all activity that occurs under your account unless caused by Blueberry.
  • Promptly notify us at [email protected] of any unauthorized access to or use of your account.
  • Ensure that all Users comply with these Terms. You are responsible and liable for any breach of these Terms by a User as if you committed the breach.

5. Access to the Services

Subject to your compliance with these Terms and, for paid plans, your timely payment of applicable fees, Blueberry grants you a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable term to access and use the Services solely for your internal business purposes and in accordance with any documentation we provide.

All rights not expressly granted to you are reserved to Blueberry and its licensors.

6. Acceptable use

You will not, and will ensure your Users do not, use the Site or the Services to:

  • Upload, store, distribute, or transmit any material, information, or data (including Customer Data) that: (i) contains worms, trojan horses, viruses, or other malicious code, or is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) depicts sexually explicit images; or (iv) promotes unlawful violence, discrimination based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activities.
  • Copy, duplicate, modify, create derivative works from, or distribute any portion of the Blueberry Technology.
  • Reverse engineer, disassemble, or decompile the Blueberry Technology, or otherwise attempt to discover or disclose its source code.
  • License, sublicense, resell, rent, lease, distribute, transfer, or assign the Blueberry Technology.
  • Use the Services, in whole or in part, to build a product or service that replicates, competes with, or is substantially similar to the Services.
  • Circumvent, modify, or disable any safety or security measure in the Services.
  • Conduct security testing of the Blueberry Technology without our prior written consent.
  • Use the Services to provide services to third parties, or assist any third party (other than Users) in accessing the Blueberry Technology.
  • Use the Site or Services in violation of any applicable law, including export-control and sanctions laws, or any applicable marketing, anti-spam, or consumer-protection law.
  • Use any robot, spider, scraper, or other automated means to access the Site or Services for any purpose without our express written consent, except for well-behaved search-engine crawling.
  • Interfere with or disrupt the integrity or performance of the Services or the data contained therein, or impose an unreasonable or disproportionately large load on our infrastructure.

7. Customer Data

As between you and Blueberry, you retain all right, title, and interest in and to Customer Data. You grant Blueberry a limited, non-sublicensable (except to our subprocessors under the DPA), non-exclusive, non-transferable license to use Customer Data for the purpose of providing the Services to you.

You represent and warrant that you have all rights, consents, and authority necessary for Blueberry and its subprocessors to process Customer Data as contemplated by these Terms and the DPA, and that Customer Data does not and will not violate any third-party rights or applicable law.

Blueberry will not use Customer Data that identifies you, your Users, or any individual to train or improve any artificial intelligence or machine learning model, and will not permit any third-party provider of artificial intelligence or machine learning technology used in the Services to do so. Blueberry may, however, use Customer Data in de-identified and/or aggregated form — meaning data from which all direct identifiers and reasonably identifiable indirect identifiers have been removed, and/or data combined with data from other customers such that it no longer identifies you, your Users, or any individual — to (i) train, evaluate, and improve artificial intelligence and machine learning models used in the Services; (ii) develop new features, products, benchmarks, and insights, including models and outputs that reflect learnings across Blueberry’s customer base; (iii) surface aggregated benchmarks, trends, and performance insights to other customers of the Services; and (iv) operate, maintain, and improve Blueberry’s business generally. Blueberry will not attempt to re-identify de-identified or aggregated Customer Data, will contractually prohibit any recipient from doing so, and will not sell or license de-identified or aggregated Customer Data to third parties other than service providers acting on Blueberry’s behalf under obligations of confidentiality and use restrictions no less protective than these Terms.

8. Marketing-compliance representations

Because the Services include features designed to help you market to individuals, you represent, warrant, and covenant to Blueberry that:

  • Consent and lawful basis. You have obtained, and will continue to maintain, all consents, permissions, and other lawful bases required by applicable law to collect the contacts, phone numbers, email addresses, device identifiers, and other personal information you upload to, or instruct Blueberry to process through, the Services — including (where applicable) express prior written consent under the US Telephone Consumer Protection Act (47 U.S.C. §227) (“TCPA”), opt-in consent under the US CAN-SPAM Act, Canada’s Anti-Spam Legislation (“CASL”), the EU ePrivacy Directive and EU/UK GDPR, and similar laws.
  • Accurate records. You will maintain accurate records of consent and opt-out, including the time, source, and scope of each consent, and will make those records available to Blueberry on reasonable request.
  • Unsubscribe and do-not-call. You will honor unsubscribe, opt-out, stop, and do-not-call requests promptly and in all cases within the time required by applicable law, and you will not re-market to any individual who has opted out.
  • Content and identification. Your marketing messages will (i) accurately identify you as the sender, (ii) include a clear and conspicuous way to opt out, (iii) not use false or misleading headers, subject lines, or content, and (iv) comply with any disclosure obligations (including, where applicable, disclosures that a message is automated or AI-generated).
  • Sensitive categories. You will not use the Services to send marketing communications that are prohibited or restricted under applicable law (for example, certain financial, healthcare, gambling, adult-content, cannabis-related, or political messaging where restricted).

You acknowledge that responsibility for compliance with these laws sits with you, that Blueberry is not a “sender” or “initiator” of your marketing campaigns, and that your breach of this Section 8 is a material breach of these Terms.

9. Restricted data categories

The Services are general-purpose marketing and analytics tools and are not designed for, and are not to be used to submit, transmit, store, or process:

  • Protected health information (“PHI”) as defined under the US Health Insurance Portability and Accountability Act (“HIPAA”) — Blueberry is not a HIPAA business associate and will not sign a Business Associate Agreement;
  • Cardholder data or sensitive authentication data as defined under the Payment Card Industry Data Security Standard (“PCI DSS”) — do not upload full credit-card numbers, CVVs, or magnetic-stripe data;
  • Government-classified or export-controlled information;
  • Personal information of children under 13 (under COPPA), children under 16 (under EU/UK GDPR without parental consent where required), or similar categories protected under other applicable law;
  • Information subject to the US Gramm-Leach-Bliley Act or other heightened financial-privacy regimes to the extent that handling it would make Blueberry a regulated entity;
  • Background-check or consumer-report information subject to the Fair Credit Reporting Act; or
  • Any other data the submission of which would subject Blueberry to specific regulatory obligations beyond those set out in these Terms and the DPA.

You are solely responsible for screening Customer Data before uploading it to the Services. Blueberry has no liability for restricted data submitted in violation of this Section 9.

10. Privacy and data processing

Our collection and use of personal information in connection with the Site and the Services is described in our Privacy Policy.

Where Blueberry processes Personal Data on your behalf, the Data Processing Addendum applies and is incorporated into these Terms by reference. By accepting these Terms, you also accept the DPA.

11. Cookies and tracking technologies

The Site uses cookies and similar tracking technologies. We describe what we use and how you can manage them in the Privacy Policy. By using the Site, you consent to our use of cookies and similar technologies as described in the Privacy Policy, subject to any consent choices you make through our cookie banner (where applicable).

12. Third-Party Services integrated with the Services

The Services may be integrated with Third-Party Services. Blueberry does not endorse or warrant any Third-Party Service, whether or not designated as “certified,” “validated,” “supported,” or otherwise, and we may terminate any such integration at any time. Your use of a Third-Party Service is solely between you and the third-party provider and is subject to that provider’s terms. Blueberry is not responsible or liable for any loss or damage arising from your use of, or any failure of, a Third-Party Service.

13. Third-party websites linked from the Site

The Site may contain links to websites or resources operated by third parties. These links are provided for convenience only. Blueberry does not control, endorse, or assume responsibility for the content, privacy practices, or availability of any third-party website. Your access to and use of any third-party website is at your own risk and subject to that website’s own terms.

14. Feedback

If you or your Users provide any suggestions, enhancement requests, feedback, or recommendations regarding the Site or the Services (“Feedback”), you grant Blueberry a royalty-free, worldwide, irrevocable, perpetual, sublicensable, transferable license to use and incorporate the Feedback into the Services and other Blueberry products and services. You agree that Feedback is not your confidential information.

15. Fees and payment (paid plans)

If you sign up for a paid plan:

  • You will pay the fees described on the Site or at checkout when you subscribe (the “Fees”). Fees are exclusive of taxes, which you are responsible for paying (other than taxes on our income).
  • Automatic renewal. Unless you cancel before the end of your current subscription term, your plan will automatically renew for successive periods of the same length, and we will charge the payment method on file at the then-current rate. You can cancel at any time from your account settings or by contacting [email protected]; cancellation will take effect at the end of the then-current term. California residents: you may cancel at any time as described above; we will acknowledge your cancellation as required by California Business & Professions Code §17600 et seq.
  • Price changes. We may change Fees for a renewal term by notifying you at least 30 days before the start of the renewal term; continued use after the change constitutes acceptance. For current-term Fees, price changes apply only to the next renewal term.
  • Late or failed payment. If you do not pay an undisputed amount when due, we may, after 5 days’ notice, suspend your access to the Services until payment is made.
  • Non-refundable. Except as required by law or expressly stated in these Terms, Fees are non-refundable.

16. Service availability; no SLA for self-serve plans

Blueberry uses commercially reasonable efforts to make the Services available, but does not warrant that the Site or Services will be uninterrupted, timely, secure, or error-free.

No service-level commitments apply to Site visitors, free-trial users, or self-serve plans. Service-level commitments, credits, and remedies (if any) apply only where expressly set out in an Enterprise Agreement.

We may, from time to time, perform scheduled or emergency maintenance. We will attempt to provide reasonable notice of planned downtime where practicable.

17. API access and rate limits

If Blueberry makes an application programming interface (“API”) available to you, your use of the API is subject to these Terms and to any API-specific documentation, keys, rate limits, throttles, or usage policies we publish. You will not circumvent or attempt to exceed any rate limit, use the API in a way that imposes an undue burden on our infrastructure, or use the API to mirror, replicate, or re-expose the Services to third parties. We may change, throttle, or suspend API access at any time to protect the integrity, performance, or security of the Services.

18. Warranties and disclaimer

You represent that you have the legal authority to accept these Terms and that your use of the Site and Services will comply with these Terms and applicable law.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SITE, THE SERVICES, AND THE BLUEBERRY TECHNOLOGY ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUEBERRY DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, UNDERTAKINGS, AND OTHER TERMS — WHETHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, OR OTHERWISE — INCLUDING ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, ACCURACY, NON-INFRINGEMENT, REASONABLE SKILL AND CARE, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT ERROR-FREE AND MAY GENERATE INSIGHTS CONTAINING INCORRECT OR INACCURATE INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY INSIGHTS.

19. Artificial intelligence and machine-learning outputs

The Services use artificial intelligence and machine-learning models to generate content, suggestions, summaries, audiences, segments, messages, and other outputs (“AI Outputs”). You acknowledge and agree that:

  • Nature of AI Outputs. AI Outputs are probabilistic and may be inaccurate, incomplete, offensive, biased, or otherwise inappropriate. AI Outputs do not constitute professional, legal, medical, financial, or other advice.
  • Human review. You are responsible for reviewing AI Outputs before relying on them or delivering them to any third party, including any end user, customer, fan, subscriber, or recipient.
  • Disclosure of AI. Where applicable law (or the policies of any communications channel you use) requires disclosure that a message, response, or interaction is AI-generated or partially automated, you are responsible for configuring and delivering that disclosure. The Services provide functionality that enables you to add and configure such disclosures; Blueberry makes no determination about what disclosures are required in your jurisdiction or context.
  • Training on de-identified and aggregated data. As stated in Section 7, neither Blueberry nor any AI/ML provider used in the Services will use Customer Data that identifies you, your Users, or any individual to train or improve AI or ML models. Blueberry may use de-identified and aggregated Customer Data, together with Usage Data, to train, evaluate, and improve AI and ML models, to develop new features and products, and to generate benchmarks and insights that may be surfaced to other customers of the Services.
  • Third-party models. Some AI Outputs may be generated by third-party model providers. Those providers may have their own restrictions on acceptable use, which you agree to comply with where we make them available.

20. Intellectual property ownership

Blueberry (or its licensors) owns all right, title, and interest in and to the Blueberry Technology. All content on the Site — including text, graphics, images, software, and audio-visual material — is owned by Blueberry or its licensors and is protected by copyright and other intellectual property laws. Except for the limited license granted to you in these Terms, no license or other right in or to the Blueberry Technology is granted to you, and all rights are expressly reserved.

21. Trademarks and brand use

“Blueberry,” the Blueberry logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Unveil Technologies Inc. d/b/a Blueberry or its affiliates. You may not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

22. Publicity

You agree that Blueberry may identify you as a customer of Blueberry, and may use your name, logo, and a general description of your use of the Services, in Blueberry’s customer lists and marketing materials (including on the Site, in investor materials, and in case studies or press releases, subject in each case to your review and approval for any quoted statement attributed to you).

You may opt out of this use at any time by emailing [email protected], after which Blueberry will cease new uses within a commercially reasonable time (subject to any materials already in production or distribution). This right is in addition to any publicity terms in an Enterprise Agreement, which, if any, control for Enterprise customers.

23. Copyright complaints (DMCA notice and takedown)

Blueberry respects the intellectual property rights of others and expects users of the Site and Services to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, we will respond expeditiously to notices of alleged copyright infringement that are reported to our Designated Agent identified below.

To submit a notice of claimed infringement, provide our Designated Agent with a written communication that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material on the Site or Services.
  • Your contact information (address, phone number, email).
  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

Designated Agent for notice of claims of copyright infringement:

DMCA Agent Unveil Technologies Inc. d/b/a Blueberry 11 Coromande Irvine, CA 92614 Phone: +1 (510) 239-3563 Email: [email protected]

We may, in appropriate circumstances and at our discretion, terminate the accounts of users who are repeat infringers.

24. Beta, preview, and experimental features

From time to time, we may make available features or services that we designate as “beta,” “preview,” “early access,” “experimental,” or similar (together, “Beta Features”). Beta Features are provided “AS IS” without warranty of any kind. They may be discontinued at any time without notice, are not subject to any service-level commitments, and may be subject to additional terms presented at the time of access. Your use of any Beta Feature is at your own risk.

25. Indemnification

You will indemnify, defend, and hold harmless Blueberry, its affiliates, and their respective officers, directors, employees, consultants, and agents from and against any third-party claim, and any resulting loss, damage, expense, liability, or cost (including reasonable attorneys’ fees), arising out of or relating to: (a) your or your Users’ breach of these Terms or violation of applicable law (including the representations in Section 8); (b) Customer Data (including any restricted data submitted in violation of Section 9); (c) your combination of the Services with any other software, content, data, process, or equipment not supplied by Blueberry; or (d) any modification or configuration of the Services by anyone other than Blueberry or approved by Blueberry.

We may, at our option, assume the exclusive defense and control of any matter subject to your indemnification; if we do, you agree to cooperate with our defense.

26. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY (OR ITS AFFILIATES) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR USE OF DATA, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO BLUEBERRY FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE, AND (B) ONE HUNDRED US DOLLARS (US$100).

THE FOREGOING EXCLUSIONS AND LIMITATIONS DO NOT APPLY TO: (i) YOUR INDEMNIFICATION OBLIGATIONS; (ii) EITHER PARTY’S LIABILITY FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT; OR (iii) LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE PARTIES AGREE THAT THESE LIMITATIONS ARE INTENDED TO SURVIVE EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THAT THE FEES REFLECT THIS ALLOCATION OF RISK.

27. Usage Data

Blueberry may collect data regarding the manner in which you and your Users interact with the Services (feature usage frequency, navigation patterns, session durations, system performance metrics, and similar) in aggregate and anonymized form (“Usage Data”). Blueberry owns any Usage Data and may use it to operate, improve, and optimize the Services and for Blueberry’s internal business operations. Blueberry does not use Usage Data in any form that identifies you or any individual.

28. Equitable relief

You acknowledge that a breach of Sections 6 (Acceptable use), 20 (Intellectual property ownership), or 21 (Trademarks and brand use) may cause Blueberry irreparable harm for which monetary damages may be inadequate. Accordingly, Blueberry may seek injunctive or other equitable relief in addition to any other remedies available at law or in equity, without the requirement of posting a bond.

29. Term, suspension, and termination

These Terms apply from the time you first access the Site or Services and continue until terminated.

You may terminate at any time by closing your account and ceasing to use the Site and Services.

We may suspend or terminate your access to the Site or Services at any time, with or without notice, if we determine (acting reasonably) that: (a) your use poses a security risk to Blueberry, the Services, or any third party; (b) your use may adversely affect availability or performance of the Services; (c) your use may subject Blueberry or any third party to liability; (d) your use may be fraudulent; or (e) you are in breach of these Terms. For paid plans, we will generally attempt to notify you first and give you an opportunity to cure, except where we reasonably believe immediate action is required.

Effect of termination. Upon termination or expiration: (i) your right to access the Site and Services ends immediately; (ii) you remain obligated to pay any Fees accrued before termination; and (iii) Sections 3, 6 (ongoing prohibitions), 7, 8, 9, 10, 14, 18–22, 25–28, 30, 31, and 33–35 (and any other provisions that by their nature should survive) will survive.

30. Data export, return, and deletion after termination

Following termination or expiration of your access to the Services, you may submit a written request to Blueberry (at [email protected]) for the return, export, or deletion of Customer Data. Blueberry will return, export, or delete such Customer Data as requested within a reasonable period, subject to (a) any retention required by applicable law, (b) Blueberry’s standard backup rotation schedules (with deleted data purged from backups in the ordinary course), and (c) Blueberry’s continuing right to retain and use de-identified and aggregated Customer Data as described in Section 7.

Written requests must be submitted within 30 days after termination or expiration. Blueberry is under no obligation to return, export, or delete Customer Data in response to requests submitted after that period has closed.

Blueberry is not obligated to provide Customer Data in any format other than the formats supported by the Services’ standard export tools. If you do not submit a written request within the period described above, Blueberry may continue to retain Customer Data in accordance with its standard retention and backup schedules.

This Section 30 does not limit any rights individuals may have under applicable privacy law (for example, the right to request deletion of personal information), which are addressed in the Privacy Policy.

31. Governing law; dispute resolution; jury trial waiver; limitation period

  • Governing law. These Terms will be governed by the laws of the State of California, without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.
  • Informal resolution first. Before bringing a formal legal action, you agree to first contact us at [email protected] with a written description of the dispute and your desired resolution. The parties will attempt in good faith to resolve the dispute informally for a period of at least 60 days from receipt of that notice. This requirement does not apply to claims for injunctive or other equitable relief, including to protect intellectual property or enforce Section 6 (Acceptable use).
  • Forum. If the dispute is not resolved informally, any action or proceeding arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in San Francisco, California, and each party submits to the exclusive jurisdiction and venue of those courts.
  • Jury trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
  • Limitation period. Any claim arising out of or relating to these Terms or the Services must be filed within ONE (1) YEAR after the claim accrues, or it is permanently barred, except where a longer period is required by applicable law.

[Optional — counsel’s call: mandatory arbitration + class-action waiver for US self-serve users in place of (c).]

32. California users — statutory notice

Under California Civil Code §1789.3, California users are entitled to the following consumer-rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

33. Electronic communications and consent to e-notices

By creating an account or using the Services, you consent to receive communications from us electronically (including by email and through in-product notices). These electronic communications may include notices about your account, changes to the Services, and other information. You agree that any notices, agreements, disclosures, or other communications we send electronically satisfy any legal requirement that they be in writing.

You may opt out of non-transactional (marketing) emails by using the unsubscribe link in those emails or by emailing [email protected]; we will still send you transactional communications related to your account and the Services.

34. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by posting the updated Terms on the Site and updating the “Last updated” date, and, for account holders, by email or in-product notice) at least 30 days before they take effect, unless a shorter period is required by law or necessary to address a security or legal matter. Your continued use of the Site or Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Site and Services.

35. General

  • Notices to you. We may give you notices by posting on the Site, sending email to the address associated with your account, or via in-product notice. Notices are effective when posted or sent.
  • Notices to us. You may give us legal notice by certified or registered mail to:

Unveil Technologies Inc. d/b/a Blueberry Attn: Legal 11 Coromande Irvine, CA 92614

with a copy to [email protected].

  • Assignment. You may not assign these Terms without our prior written consent; any attempt to do so is void. We may assign these Terms to an affiliate or to a successor in connection with a merger, reorganization, or sale of all or substantially all of our assets.
  • Independent contractors. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship.
  • No third-party beneficiaries. These Terms do not confer any rights on any third party.
  • Force majeure. Neither party will be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, fire, earthquake, flood, storm, natural disaster, cyberattack, internet service failures, pandemic, labor unrest, civil disobedience, terrorism, or government action, provided the affected party takes reasonable steps to resume performance.
  • Export and sanctions. You may not access or use the Services from any country or territory subject to comprehensive US sanctions or if you are on any US government restricted-party list. You are responsible for complying with all applicable export, re-export, and import laws.
  • US government users. If you are a US government entity, the Services are “Commercial Items” as defined at 48 C.F.R. 2.101 and are licensed with the restricted rights described in 48 C.F.R. 2.101 and 12.212.
  • Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
  • Waiver. No waiver of any term will be effective unless in writing and signed by the waiving party. No waiver of any breach is a waiver of any other or subsequent breach.
  • Headings. Section headings are for convenience only and do not affect interpretation.
  • Language. These Terms are drafted in English. Any translation is provided for convenience only; in case of conflict, the English version controls.
  • Entire agreement; order of precedence. These Terms (together with the DPA, the Privacy Policy, and, for Enterprise customers, the Enterprise Agreement and any Order Form) constitute the entire agreement between you and Blueberry regarding the Site and Services and supersede all prior agreements and communications on that subject. In case of conflict, the order of precedence is: (1) Enterprise Agreement (if any); (2) DPA; (3) these Terms; (4) Privacy Policy (but only for matters not addressed elsewhere).
  • Accessibility. Blueberry is committed to making the Site and Services accessible to people with disabilities and aims to align with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA over time. If you experience a barrier to access or have feedback about the accessibility of the Site or Services, please contact us at [email protected] and we will work in good faith to address it.

Contact

End of Terms.