BLUEFAUCET USER AGREEMENT
AS OF Sept 23, 2025
THIS USER AGREEMENT (“Agreement”) describes the terms on which BlueFaucet, Inc. (“BlueFaucet,” “we,” “us,” or “our”) offers access to the BlueFaucet website and mobile applications (the “Service”). By clicking “Sign Up,” “Sign In,” or using the Service, you (a Merchant, Customer, or Sales Participant) agree to be bound by this Agreement. If you do not agree, do not use the Service. If you accept on behalf of a company, you represent you have authority to bind that company.
1. DEFINITIONS
- “Merchant” means a business using the Service to manage memberships and related activities.
- “Customer” means an end-customer of a Merchant, whether or not enrolled in the Merchant’s membership program.
- “Member” means a Customer who is enrolled in a Merchant’s membership program within the Service.
- “Customer Data” means information relating to Customers or Members that a Customer provides to a Merchant, that a Merchant collects or uploads via the Service, or that is generated by or made available through the Service for the Merchant’s account (e.g., name, phone number, address, member activity logs, membership status, transactional metadata). For clarity, Customer Data does not include payment credentials processed by Stripe (e.g., full card numbers, CVV/CVC, or bank account numbers).
- “Merchant Content” means content that a Merchant uploads or submits for display to Customers/Members or the public via the Service (e.g., store profile, product/service descriptions, images, videos, promotions, coupons, announcements). Merchant Content excludes Customer Data and Feedback.
- “Sales Participant” means an individual or entity enrolled in BlueFaucet’s Sales Referral Program.
- “Programs/Apps” means BlueFaucet software made available for use with the Service.
- “Feedback” means suggestions, comments, or ideas relating to the Service. BlueFaucet may use Feedback without restriction and without obligation.
- “Public Business Information” means business details a Merchant intentionally makes public via the Service (e.g., business name, phone number, street address, website/links, hours, product/service descriptions, prices, images/media, promotions/coupons, announcements).
2. ELIGIBILITY & ACCOUNTS
- You must be at least 18 years old and use the Service for business purposes. Service availability may be limited by region (currently U.S.).
- Account Security. You are responsible for maintaining the confidentiality of credentials and for all activities under your account.
- Accurate Information. You will provide true, accurate, current, and complete information and keep it updated.
3. LICENSE & ACCESS; UPDATES; RESTRICTIONS
- Subject to this Agreement, BlueFaucet grants a limited, non-exclusive, non-transferable, revocable license to access and use the Service and to install and use Programs/Apps in connection with the Service.
- Updates/Changes. We may update, enhance, or discontinue features; material changes affecting core functionality will be noticed in-app or by email.
- You will not: (a) reverse engineer, decompile, or attempt to derive source code; (b) copy, modify, or create derivative works; (c) resell, rent, lease, or sublicense; (d) bypass or breach security; or (e) use the Service unlawfully.
4. PRIVACY; DATA OWNERSHIP
- Data Use & Consent. By using the Service, you agree that BlueFaucet may analyze personal information and Customer Data to provide, maintain, and improve the Service and to develop new features (including future AI-powered features), and may create and use aggregated or de-identified analytics derived from such data.
- Privacy Policy Controls. The collection, use, processing, retention, de-identification, disclosure, and ownership of data (including Customer Data and personal information) are governed by BlueFaucet’s Privacy Policy, which is incorporated by reference. For privacy/data-handling matters, the Privacy Policy controls.
- For Customer Data that Merchants collect using the Service, BlueFaucet acts as a processor/service provider. Merchants are responsible for their own notices, consents, and compliance.
- You consent to receive service-related communications and, subject to your opt-out rights, marketing communications.
- Customer Data vs. Merchant Content. Customer Data is not Merchant Content. Customer Data is collected, used, and disclosed solely as described in the Privacy Policy; BlueFaucet’s license to Merchant Content in §5 does not apply to Customer Data.
5. MERCHANT CONTENT; LICENSE; PROHIBITED CONTENT
- Ownership; License to BlueFaucet. As between you and BlueFaucet, you retain ownership of your Merchant Content. You grant BlueFaucet a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, perform, distribute, and create derivative works of Merchant Content solely to operate, provide, secure, and improve the Service (including formatting, resizing, caching, content moderation, search/indexing, and machine processing for features such as recommendations or quality controls).
- Sublicense to Service Providers. You authorize BlueFaucet to sublicense the rights in §5.1 to its service providers (e.g., hosting, CDN, analytics, moderation) under confidentiality and security obligations, only to support the purposes in §5.1.
- Prohibited Content. You will not upload content that infringes intellectual-property or privacy/publicity rights; violates law; contains malicious code; or is obscene, deceptive, defamatory, hateful, exploitative, or otherwise harmful. BlueFaucet may remove content or suspend access for violations.
- Your Representations. You represent and warrant that you own or have all necessary rights to your Merchant Content; that your submission and our use under this Agreement do not infringe any third-party rights or violate applicable law; and that you have provided any required notices/consents for public display of Merchant Content.
- No Confusion with Customer Data. Merchant Content does not include Customer Data. Uploads intended to populate membership databases (e.g., email/phone lists or member profiles) are Customer Data and handled under the Privacy Policy, not this Section.
- Takedown; Moderation. BlueFaucet may remove or restrict access to content or suspend access to the Service where we reasonably believe content or use violates this Agreement, applicable law, or third-party rights, or poses risk to users, the Service, or our partners.
6. PAYMENTS WITH STRIPE; MERCHANT TRANSACTIONS
- Payments are processed by Stripe, Inc. (PCI-DSS Level 1). BlueFaucet does not store card or bank numbers. Your payments are subject to Stripe’s terms and privacy policy.
- To Merchants. Payments you make through the Service are made directly to the Merchant you choose; refunds and disputes are between you and the Merchant. Stripe manages chargebacks. BlueFaucet is not liable for dispute outcomes or processor delays.
- Third-Party Services & Links. The Service may allow access to or use of third-party services, sites, or integrations (collectively, “Third-Party Services”). Your use of Third-Party Services is subject to their terms and privacy policies. BlueFaucet is not responsible for Third-Party Services and does not control their content or availability.
7. ACCEPTABLE USE; PLATFORM RULES
Use the Service lawfully; do not disrupt, abuse, or harm other users or the platform. BlueFaucet may monitor, suspend, or terminate accounts for suspected violations or risk to security or service integrity.
8. AVAILABILITY; SUPPORT; NO SLA
The Service may be unavailable for maintenance or updates. No uptime service-level agreement applies unless expressly stated in a plan.
Beta/Preview Features. From time to time, BlueFaucet may offer features or programs identified as beta, preview, pilot, early access, or similar (“Beta Features”). Beta Features are provided as is, may be modified or discontinued at any time, may not be covered by support, and are for evaluation only. Any comments or suggestions you provide may be used by BlueFaucet without restriction.
9. TERMINATION; SUSPENSION
- By BlueFaucet. We may suspend or terminate the Service or your access, in whole or in part, for any reason or no reason, including non-payment, breach, suspected fraud/abuse, unlawful activity, or security risks. No refunds or credits are issued except where required by law.
- By You. You may terminate at any time via account settings. Access continues until the end of the current billing period; no refunds for partial periods.
- Upon termination, your access ceases. Data handling, export, and deletion are governed by the Privacy Policy and, if applicable, the Free Trial Program and Subscription Agreement. See Free Trial §5 and Privacy Policy §13 for applicable deletion timelines.
10. DISCLAIMERS
THE SERVICE AND PROGRAMS/APPS ARE 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). BLUEFAUCET DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION.
NO PROFESSIONAL ADVICE. THE SERVICE (INCLUDING AUTOMATED OR AI-GENERATED OUTPUTS) MAY PROVIDE INFORMATION OF A GENERAL NATURE. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE (E.G., LEGAL, MEDICAL, ACCOUNTING) AND YOU SHOULD NOT RELY ON IT AS SUCH.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUEFAUCET’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO BLUEFAUCET FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, CAPPED AT USD $1,000. BLUEFAUCET WILL NOT BE LIABLE FOR LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THE FOREGOING DOES NOT LIMIT LIABILITY FOR GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT, OR WHERE LIABILITY CANNOT BE LIMITED BY LAW.
Free Trial Cap. During the Free Trial, the Free Trial Program Agreement’s limitation-of-liability cap applies and supersedes this Section.
12. INDEMNIFICATION
You will defend, indemnify, and hold harmless BlueFaucet and its affiliates from losses, damages, and expenses (including reasonable attorneys’ fees) arising from your (a) breach of this Agreement; (b) violation of law or third-party rights; or (c) misuse of the Service. BlueFaucet may assume exclusive defense at its option and expense.
13. 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 or small claims: disputes will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in Seattle, Washington, before one arbitrator, in English. CLASS ACTION WAIVER: Claims may be brought only individually.
Either party may seek temporary or injunctive 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 and federal courts in King County, Washington.
14. ORDER OF PRECEDENCE; RELATIONSHIP TO OTHER TERMS
In the event of a conflict, the following order applies: (1) Subscription Agreement (paid use, if purchased); (2) Free Trial Program Agreement (trial matters); (3) this User Agreement (general use); (4) Privacy Policy; provided that, for privacy/data-handling matters (including ownership, collection, use, processing, retention, de-identification, and disclosure), the Privacy Policy controls.
15. MODIFICATIONS; NOTICES; MISCELLANEOUS
- Modifications. We may amend this Agreement. For material changes that negatively affect your rights (for paid Subscribers), we will provide advance notice (typically 30 days) unless a faster change is required for legal, security, or operational reasons. If you do not agree to an amendment, you must stop using the Service (and, if applicable, cancel before the effective date). Continued use after the effective date constitutes acceptance. Changes to Dispute Resolution (§13) will not apply to disputes of which we had actual notice before the change took effect.
- Notices. We may deliver notices by email to the address in your account or by in-app messaging. Notices are deemed given when sent or posted. You are responsible for keeping your contact details current. Legal notices to BlueFaucet may be sent to legal@bluefaucet.com (and any address we publish for legal notices).
- Electronic Communications; E-Signatures. You consent to receive records and notices electronically and agree that electronic agreements, consents, and signatures have the same legal effect as originals.
- Assignment. You may not assign or transfer this Agreement (by law or otherwise) without BlueFaucet’s prior written consent; any non-permitted assignment is void. BlueFaucet may assign to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.
- Third-Party Beneficiaries. There are no third-party beneficiaries.
- Severability; Interpretation. If any provision is held unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remainder will remain in effect. Headings are for convenience only. “Including” means “including without limitation.”
- Force Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control (e.g., acts of God, labor disputes, outages, cyberattacks, war, government action), except for payment obligations already due.
- Survival. The following will survive termination: §§5 (to the extent of licenses already exercised), 9.3, 10, 11, 12, 13, 14, and 15.
- No Waiver. A party’s failure to enforce any provision is not a waiver. Any waiver must be in writing and will not waive any other provision.
- Independent Contractors. The parties are independent contractors; this Agreement does not create a partnership, joint venture, employment, or agency relationship.
16. ACKNOWLEDGMENT
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT.
