End-User License Agreement
This End-User License Agreement (the "Agreement") is a legal agreement between you and Blue Otter Corporation ("Blue Otter," "we," "us," or "our") governing your use of any mobile application, desktop application, web application, or other software that we publish (each, an "App"), including any updates we provide. By downloading, installing, accessing, or using an App, you agree to this Agreement. If you do not agree, do not use the App.
An individual App may present additional terms. If it does, those terms apply to that App together with this Agreement, and control where the two conflict.
1. License
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for your personal or internal business purposes on devices that you own or control, as permitted by the rules of the app store or platform from which you obtained it (the "Platform").
2. Restrictions
You may not, and may not permit anyone else to:
- copy, modify, or create derivative works of the App, except as permitted by law;
- reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent applicable law expressly permits this despite this restriction;
- rent, lease, lend, sell, sublicense, or otherwise distribute the App;
- remove or alter any proprietary notices in the App;
- use the App to violate any law or the rights of others, or to transmit malicious code, spam, or unlawful content;
- interfere with or disrupt the App or the servers and networks that support it, or attempt to gain unauthorized access to them; or
- use automated means to access the App or its services in a way that exceeds reasonable use.
3. Accounts
Some Apps require an account. You are responsible for providing accurate information, keeping your credentials confidential, and all activity under your account. Tell us promptly at hello@teamblueotter.com if you believe your account has been compromised. You may delete your account at any time as described in our Privacy Policy.
4. Your content
You keep ownership of the content you submit to an App ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content only as needed to operate, secure, and improve the App and to provide it to you. You represent that you have the rights needed to submit Your Content and that it does not violate this Agreement or any law.
5. AI-powered features
Some Apps include features that use artificial intelligence, including models operated by third-party providers, to generate text, suggestions, analysis, or other output ("Output"). You understand that:
- Output is generated automatically, may be inaccurate, incomplete, or inappropriate, and may not be unique;
- Output is not professional advice (including legal, financial, medical, or tax advice), and you are responsible for reviewing it before relying on or acting on it; and
- to provide these features, Your Content may be sent to our AI providers as described in our Privacy Policy.
As between you and us, and to the extent permitted by law, you may use Output for any lawful purpose, subject to this Agreement.
6. Third-party services
Apps may rely on or link to services provided by third parties (for example, sign-in, hosting, analytics, or AI providers). Your use of those services may be subject to their own terms and privacy policies, and we are not responsible for them.
7. Ownership
The App is licensed, not sold. We and our licensors keep all right, title, and interest in the App, including all intellectual property rights. If you send us feedback or suggestions, we may use them without obligation to you.
8. Updates and changes
We may update, change, or discontinue an App or any feature at any time. Some updates may be required to keep using the App. We may revise this Agreement from time to time; we will update the effective date above and, for material changes, give notice in the App or by other reasonable means. Continuing to use the App after a revision takes effect means you accept it.
9. Termination
This Agreement remains in effect until terminated. You may terminate it by deleting the App and ceasing to use it. We may suspend or terminate your access if you violate this Agreement or if we discontinue the App. On termination, the license in Section 1 ends and you must stop using the App. Sections 4 (license to Your Content, to the extent needed to complete deletion), 7, and 10 through 16 survive termination.
10. Disclaimer of warranties
To the maximum extent permitted by law, the App is provided "as is" and "as available," with all faults and without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment. We do not warrant that the App will be uninterrupted, error-free, secure, or that Output will be accurate.
11. Limitation of liability
To the maximum extent permitted by law, in no event will Blue Otter be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to the App or this Agreement, even if advised of the possibility of such damages. Our total liability for all claims arising out of or related to the App or this Agreement will not exceed the greater of (a) the amount you paid us for the App in the twelve months before the claim arose, or (b) fifty U.S. dollars (US $50).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you.
12. Indemnity
You agree to indemnify and hold Blue Otter harmless from any third-party claims, losses, and expenses (including reasonable attorneys' fees) arising from your misuse of the App, Your Content, or your violation of this Agreement or any law.
13. Export compliance
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export and import laws.
14. Governing law and venue
This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or related to this Agreement or the App will be brought exclusively in the state or federal courts located in California, and you and we consent to the personal jurisdiction of those courts. Nothing in this section limits any non-waivable rights you have as a consumer under the laws of your place of residence.
15. Apps obtained from the Apple App Store
If you obtained the App from Apple's App Store, the following also applies:
- This Agreement is between you and Blue Otter only, not Apple Inc. ("Apple"). Blue Otter, not Apple, is solely responsible for the App and its content.
- Your license is limited to use of the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
- Apple has no obligation to provide any maintenance or support services for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Blue Otter's responsibility to the extent not disclaimed in this Agreement.
- Blue Otter, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product-liability claims, claims that the App fails to conform to applicable legal or regulatory requirements, and claims arising under consumer-protection, privacy, or similar laws.
- If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, Blue Otter, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
- You must comply with applicable third-party terms of agreement when using the App.
- Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of it, Apple will have the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary.
Questions, complaints, or claims about the App should be directed to Blue Otter at the contact information below.
16. General
This Agreement, together with our Privacy Policy and any App-specific terms, is the entire agreement between you and us about the App. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign this Agreement without our consent; we may assign it in connection with a merger, acquisition, or sale of assets.
17. Contact
Blue Otter Corporation
Email: hello@teamblueotter.com