SUBSCRIPTION AGREEMENT
AS OF SEPT 23, 2025
THIS SUBSCRIPTION AGREEMENT (THIS “AGREEMENT”) DESCRIBES THE TERMS ON WHICH BLUEFAUCET, INC. (“BLUEFAUCET,” “WE,” “US,” OR “OUR”) OFFERS SUBSCRIBER ACCESS TO THE BLUEFAUCET PLATFORM (THE “SERVICE”). BY CLICKING “I ACCEPT,” EXECUTING AN ORDER, OR USING THE SERVICE, SUBSCRIBER AGREES TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE. YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THE SUBSCRIBER.
1. DEFINITIONS
- “Subscriber” means the business or individual identified in the account that purchases paid access to the Service.
- “Merchant” means a Subscriber using the Service for business purposes.
- “Member” means the Merchant’s end-customer in the Merchant’s membership database.
- “Service” means the BlueFaucet platform and features described on the Pricing/Plans page.
2. ELIGIBILITY; BUSINESS USE
Access is available only to businesses and individuals 18+ acting for business purposes. The accepting person represents they have authority to bind the Subscriber. Free Trial availability may be limited by region (currently U.S.)
3. TERMS OF SUBSCRIPTION; LICENSE
Subject to this Agreement and payment of applicable Fees, BlueFaucet grants Subscriber a limited, non-exclusive, non-transferable right to access and use the Service for managing customer memberships and related business activities. BlueFaucet may enhance, modify, or discontinue features; material changes affecting core functionality will be noticed.
4. PLANS; FREE TRIAL; RENEWAL
- Plans. Plan options and included benefits are listed in-app and on our site.
- Free Trial. A 30-day Free Trial may be available; no Fees are charged during the trial. If you upgrade during the trial, you won’t be charged until the trial ends and you receive subscriber benefits immediately.
- Auto-Renewal. Plans renew automatically unless canceled in account settings; non-renewal takes effect at the end of the then-current term.
- Reversion. If a paid plan ends or is canceled/unpaid, the account may revert to Free-Trial-level conditions (including the 50-Member cap).
5. FEES; BILLING; TAXES
- Subscriber will pay the Fees for the selected plan as published on the Subscription/Plan page. Terms include 3, 6, or 12-month purchases.
- Billing notices. Day 23: reminder; Day 29: final notice; Day 37: if unpaid, plan is canceled, and account reverts to Free-Trial-level conditions (50 Members
Taxes (WA Rules & Nexus)
- Fees are exclusive of Taxes. “Taxes” include sales, use, excise, gross receipts, digital products, communications, VAT/GST, and similar transaction taxes (excluding taxes on BlueFaucet’s net income).
- Washington-based rules. Where required under Washington State law, charges include Taxes calculated under Washington rules.
- Other states (nexus). Where BlueFaucet has nexus (including economic nexus) in other jurisdictions, we will calculate, collect, and remit applicable Taxes under those rules.
- Location used. Unless a different rule applies, Taxes are calculated using the Subscriber’s billing address and/or primary place of use; for per-transaction services, applicable Taxes may be determined using the Member’s location if required by law.
- Self-assessment. If we are not required to collect in a jurisdiction, Subscriber is responsible for self-assessing and remitting applicable Taxes.
- Valid exemption certificates or direct-pay permits must be provided; otherwise Taxes may be charged until received.
- Changes in law. Amounts may change due to changes in tax law, rates, nexus, or guidance; such changes apply prospectively.
- If withholding is required by law, amounts payable must be grossed-up so BlueFaucet receives the full amount (unless prohibited by law).
- Failed payments; suspension. We may suspend/limit access for non-payment, chargeback, or rejected payment until paid in full and may use the payment method on file to collect due amounts and reasonable costs of collection.
- Fee changes. Fees may change with at least 30 days’ notice; continued use after notice is acceptance.
6. PAYMENT PROCESSING; STRIPE
- BlueFaucet accepts ACH (bank) for subscription/recurring charges. Payment services are provided by Stripe, Inc. and subject to Stripe’s agreements; BlueFaucet does not store banking data.
- Customer payments. To process Member transactions (cards/bank transfers), Subscriber must maintain a Stripe account; BlueFaucet does not store sensitive payment info.
- Service fees (transactions).
- Non-Subscribers — 3.5% + $0.80 per transaction
- Subscribers — 2.9% + $0.80 per transaction
- Dispute Handling — $15 per dispute
- Instant Payout — 1.5% per transaction (in addition to Stripe fees)
- By using the Service, Subscriber authorizes BlueFaucet and Stripe to deduct these amounts from processed funds.
7. SCOPE OF USE; RESTRICTIONS
Use is limited to Subscriber’s business and Members in its membership database. Subscriber will not: (a) reverse-engineer, copy, or modify the Service; (b) use it for unlawful/harmful content; or (c) share access with unauthorized parties.
8. SUBSCRIBER INFORMATION; ACCOUNT SECURITY
Subscriber must provide true, accurate, and current information, safeguard credentials, and keep billing details current. BlueFaucet may maintain acceptance/change logs (timestamp, IP, account ID, version).
9. Privacy; Data Ownership
- Privacy Policy Controls. The collection, use, processing, retention, de-identification, disclosure, and ownership of data (including Customer Data and Member data) are governed by BlueFaucet’s Privacy Policy, which is incorporated by reference.
- If any term of this Agreement conflicts with the Privacy Policy on data ownership or data handling, the Privacy Policy controls.
- BlueFaucet does not store payment credentials. Payments are processed by third parties (e.g., Stripe) under their terms.
10. AVAILABILITY; SUPPORT; SLA
The Service may be unavailable for maintenance/updates; no uptime SLA applies unless stated in a plan.
11. FREE TRIAL INTEROPERABILITY
Employee Accounts are activated only with a paid subscription. If a paid plan ends or lapses, the account may revert to Free-Trial-level conditions, with data beyond the first 50 Member records not retained per the Free Trial Program.
12. DATA EXPORT; BACKUP; DELETION
Subscriber-Managed Backup. Subscriber is solely responsible for maintaining its own backups of all data and content stored in or exported from the Service. BlueFaucet does not provide backup or archiving services and has no obligation to retain data except as required by law or expressly stated in this Agreement.
Export Before Changes. Before any termination, non-renewal, plan downgrade, or other change that may affect access, Subscriber must export any desired data using in-app tools (if available).
After Deletion or Free-Trial Reversion. After account deletion or reversion to Free-Trial-level conditions, data may be limited or deleted per the Free Trial Program, and BlueFaucet may be unable to recover deleted data.
No Liability for Data Loss. To the maximum extent permitted by law, BlueFaucet is not liable for loss, corruption, or deletion of data resulting from Subscriber’s failure to maintain backups or from actions taken under this Agreement.
Third-Party Destinations. If Subscriber exports data to or integrates the Service with third-party tools or services, those third parties are solely responsible for their own backup, retention, and security practices.
See FT §5 and Privacy Policy §13 for special deletion timelines.
13. CONFIDENTIALITY
Each party will protect the other’s Confidential Information and not disclose it except as required by law or permitted in writing.
14. INTELLECTUAL PROPERTY; FEEDBACK
The Service and related IP are owned by BlueFaucet or its licensors. No rights are granted except as expressly stated. Subscriber grants BlueFaucet a perpetual, irrevocable, royalty-free license to use feedback to improve the Service.
15. NO REFUNDS
All payments are non-refundable, including for early termination. In our sole discretion, we may credit/refund for outages exceeding 48 hours or billing errors caused directly by BlueFaucet.
16. TERMINATION; SUSPENSION
- For convenience (by BlueFaucet). We may terminate this Agreement and/or any subscription for any reason or no reason by notice to Subscriber. No refunds or credits upon termination for convenience, except where prohibited by law.
- For cause (by BlueFaucet). We may suspend or terminate immediately for: non-payment, chargebacks, breach of this Agreement/Free Trial/User Agreement/Privacy Policy, suspected fraud/abuse/unlawful activity, security or service-integrity risks, or legal/regulatory requests.
- All access ceases on termination; data handling is per Section 12. All outstanding amounts become immediately due. Sections intended to survive remain in effect.
17. DISCLAIMER
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT).
18. LIMITATION OF LIABILITY
BLUEFAUCET’S MAXIMUM LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID BY SUBSCRIBER IN THE PRECEDING 12 MONTHS, CAPPED AT USD $1,000. NO LIABILITY FOR LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE FOREGOING DOES NOT LIMIT LIABILITY FOR GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR WHERE LIABILITY CANNOT BE LIMITED BY LAW.
19. INDEMNIFICATION
Subscriber will defend, indemnify, and hold harmless BlueFaucet and its affiliates from losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) Subscriber’s breach of this Agreement; (b) misuse of the Service; or (c) Subscriber’s violation of law or third-party rights
20. GOVERNING LAW; DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of Washington, without regard to conflict-of-laws rules; the CISG does not apply. Before any formal proceeding, the parties will attempt to resolve disputes in good faith within 30 days after written notice. Except for equitable relief/small claims, binding arbitration will be administered by the AAA under its Commercial Rules in Seattle, Washington, before one arbitrator, in English. Class Action Waiver: claims may be brought only individually. Either party may seek equitable relief or bring a claim in small claims court in King County, Washington. For court proceedings permitted here, the parties consent to the exclusive jurisdiction and venue of state/federal courts in King County, Washington.
21. NOTICES; ELECTRONIC COMMUNICATIONS
Subscriber consents to electronic communications and records. BlueFaucet may provide notices via email or in-app messages to the addresses in the account.
22. MODIFICATIONS
We may amend this Agreement; notice may be via email, in-app, or other channels. Continued use after notice constitutes acceptance.
23. SURVIVAL; ORDER OF PRECEDENCE
In the event of a conflict, the following order applies: (1) this Subscription Agreement (paid use); (2) Free Trial Program (trial matters); (3) User Agreement (general use); (4) Privacy Policy; provided that, for matters of privacy, data ownership, collection, use, processing, retention, de-identification, and disclosure, the Privacy Policy controls.
24. MISCELLANEOUS
Assignment requires BlueFaucet’s consent (BlueFaucet may assign to an affiliate or in connection with a corporate transaction). No third-party beneficiaries. Severability and waiver apply. Force majeure events excuse performance to the extent caused. This Agreement is the entire agreement concerning paid use of the Service.
