Terms of services

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Last updated: January 31, 2025

Introduction

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY. BY ACCESSING, USING, DOWNLOADING, OR LOGGING INTO THIS WEBSITE OR PURCHASING ANY PRODUCTS AND/OR SERVICES FROM BLUEPEACOCK, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST STOP USING THE WEBSITE IMMEDIATELY.

This Terms of Service Agreement (the "Agreement") governs your use of the website, www.bluepeacock.in (the "Website"), operated by "BluePeacock". BluePeacock provides products and services available for purchase on this platform. This Agreement includes the policies and guidelines referenced below.

BluePeacock reserves the right to update, modify, or revise these Terms at any time without prior notice. Any changes will take effect as soon as they are posted on the Website. Continued use of the Website after such changes constitutes your acceptance of the revised Terms. You are encouraged to review these Terms periodically to remain informed about any updates. This Agreement does not override any other agreements you may have with BluePeacock in writing.

1. Intellectual Property

Unless explicitly stated otherwise, all content on this Website, including but not limited to, source code, software, databases, text, images, graphics, audio, video, and other materials (collectively, the "Content"), as well as trademarks, service marks, and logos (the "Marks"), are the exclusive property of BluePeacock, its licensors, or content providers. These materials are protected under applicable intellectual property laws in India and internationally.

The Content and Marks are provided on an "AS IS" basis for your personal and informational use only. Unless expressly permitted by these Terms, no part of the Website, its Content, or Marks may be copied, modified, distributed, transmitted, displayed, or otherwise exploited for commercial purposes without prior written permission from BluePeacock.

If you are authorized to use the Website, you are granted a limited, non-exclusive license to access and use the Website and download or print portions of the Content strictly for personal, non-commercial purposes. All rights not expressly granted herein remain with BluePeacock.

2. Copyright

All content and materials available on this website—including but not limited to text, graphics, images, logos, videos, software, and data ( collectively referred to as "Content")—are the exclusive property of BluePeacock or its licensors. These materials are protected by applicable copyright laws and other intellectual property regulations. All rights not expressly granted in these Terms of Service are reserved.

BluePeacock provides you with a non-exclusive, non-transferable, and limited license to access and use the Content solely for personal, non-commercial purposes in compliance with these Terms of Service. You may not modify, reproduce, distribute, publicly display, or create derivative works based on the Content without prior written authorization from BluePeacock or the appropriate copyright owner.

By submitting, posting, or uploading content to our website or platform, you grant BluePeacock a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, and distribute your content in connection with providing and promoting our services, across all media formats now known or developed in the future. You retain ownership of your intellectual property, but you confirm that you have the legal right to grant this license.

If you believe that any material on our website infringes your copyright, please contact us with the following information: a description of the copyrighted work, details of the alleged infringing content, the location of the material on our site, and evidence of your ownership. We will review your claim and take appropriate measures, including removing infringing content where required.

3. User Representations, Obligations, and Access to the Site

To access and use the Services, you are required to create a user account by providing accurate and complete information. If you are using the Services on behalf of an organization, we recommend that you and other representatives use corporate contact information, including your official email address. You agree to: (i) provide truthful, accurate, current, and complete information during account registration; and (ii) promptly update this information to ensure its accuracy and completeness. Failure to do so, or if BluePeacock reasonably suspects that the information is false, incomplete, or outdated, may result in account termination and denial of current or future access to the Services. By using the Site, Products, and/or Services, you confirm that you will comply with all applicable laws and these Terms of Service. You further agree not to:

4. Account Setup

To access the Services, you must create an account ("Account"), which is intended solely for your use or, if applicable, for authorized users within your organization ("Account Users"). Each Account User must establish unique, personal login credentials that cannot be shared or transferred. When registering, you must provide accurate, current, and complete information as requested. You also agree to update your account details promptly if there are any changes.

You are responsible for safeguarding your account information, including login credentials, and for all activities occurring under your account. You must keep this information confidential and must not share it with anyone else. If you become aware of any unauthorized use or suspected breach of your account, you must notify BluePeacock immediately. BluePeacock reserves the right to suspend, disable, or terminate your account at any time if we believe a violation of these Terms or unauthorized access has occurred.

If you create an account on behalf of an organization, you may appoint one or more administrators who are authorized to configure the Services and manage users within your organization’s account. If a third party creates or manages your organization’s account, they may hold administrator privileges, including the ability to control, access, or disable user accounts. Ensure you have an appropriate agreement with such third parties to define their roles and responsibilities. In some cases, BluePeacock may share account-related information with the administrator or the organization as required.

5. Fees and Payments

Fees for Software, Professional Services, and Support are based on the pricing available on the BluePeacock licensing page or provided through a custom quotation upon request. Customers may place orders directly via the website or by contacting BluePeacock through email. For direct inquiries, BluePeacock will provide a statement of work or a formal quotation tailored to the customer’s needs.

Fees do not include taxes, duties, or other applicable levies. If any taxes are imposed by regulatory authorities, customers are responsible for paying these additional amounts. Unless you provide valid tax exemption documentation, BluePeacock may collect applicable taxes. Customers agree to reimburse BluePeacock for any taxes or duties paid on their behalf.

Payments must be made in advance unless otherwise agreed upon in writing between BluePeacock and the customer. All fees are due within thirty (30) days from the invoice date. Fees are non-refundable and non-cancellable once paid. If payment is not received by the due date, BluePeacock may suspend access to the Services after providing a written notice of thirty (30) days and reserves the right to charge interest on overdue amounts based on the value of the outstanding services.

BluePeacock reserves the right to modify service pricing or introduce new fees. Any price changes will take effect at the start of the next billing cycle and will not impact your current subscription period. Users will not be charged for services unless they have explicitly subscribed to a paid plan.

6. Submissions

Any questions, comments, suggestions, ideas, feedback, or other information you provide regarding the Site, Products, and/or Services ("Submissions") are considered non-confidential and become the sole property of BluePeacock. BluePeacock will own all intellectual property rights to these Submissions and may use, reproduce, modify, distribute, and share them for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

By submitting content, you grant BluePeacock an irrevocable, perpetual, sublicensable, transferable, non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, modify, adapt, translate, create derivative works from, display, and exploit your Submissions in any form, medium, or technology now known or developed in the future. BluePeacock may also sublicense these rights to its affiliates and service providers without additional compensation or notice to you.

You waive any moral or legal rights in your Submissions and confirm that you either own the Submissions or have the necessary rights to provide them to BluePeacock. BluePeacock reserves the right (but not the obligation) to monitor, edit, or remove Submissions at its sole discretion and assumes no responsibility for any Submissions provided by you or any third party. You remain solely responsible for the content you submit.

7. Feedback

Any suggestions, enhancement requests, recommendations, corrections, or feedback you provide to BluePeacock regarding the Site, Products, and/or Services ("Feedback") will be treated similarly to Submissions. Unless otherwise agreed, your Feedback is considered non-confidential, and BluePeacock may use it without restriction.

By providing Feedback, you grant BluePeacock an irrevocable, perpetual, sublicensable, transferable, non-exclusive, royalty-free, worldwide license to use, incorporate, and distribute your Feedback in its products, services, and future developments. BluePeacock is under no obligation to use any Feedback you provide, and you are under no obligation to offer Feedback.

8. Third-Party Websites, External Links, and Content

The Site may contain links to third-party websites ("Third-Party Websites") or display content, including text, images, videos, applications, and other materials originating from third parties ("Third-Party Content"). These links and content are provided for your convenience, and their inclusion does not constitute an endorsement or affiliation with BluePeacock unless explicitly stated otherwise.

BluePeacock does not control, monitor, or verify Third-Party Websites or Content and assumes no responsibility for their accuracy, completeness, legality, or practices. Your use of Third-Party Websites and Content is at your own risk. BluePeacock is not liable for any loss or damage arising from your interaction with Third-Party Websites or reliance on Third-Party Content.

You are responsible for reviewing the terms, conditions, and privacy policies of any Third-Party Websites you visit. BluePeacock disclaims any liability for products or services offered on Third-Party Websites and will not be responsible for any issues arising from transactions or communications with third parties.

By accessing or interacting with Third-Party Websites or Content, you agree to hold BluePeacock harmless from any claims, damages, or losses resulting from such interactions. Your use of Third-Party Websites is subject to the applicable terms and conditions of those websites, and BluePeacock shall bear no responsibility for their operation or content.

9. Personal Information and Privacy Policy

Your submission of personal information through the Service is governed by our Privacy Policy.

By using the Service, you agree to the terms outlined in our Privacy Policy, which may be updated periodically. It is your responsibility to review these policies regularly to stay informed of any changes.

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized access to or use of your account by emailing support@bluepeacock.com. BluePeacock is not liable for any loss or damage arising from unauthorized access to your account if you fail to protect your credentials.

10. Communication from BluePeacock

By using the Service, you consent to receive communications from BluePeacock, including service announcements and administrative messages. These communications are an essential part of the Service and cannot be opted out of.

You may, however, choose to opt out of receiving promotional communications (such as newsletters) by contacting us at support@bluepeacock.com. Opting out of promotional communications does not affect your ability to receive essential service-related messages.

11. Complaints

If we receive a complaint regarding your use of the Service, we will notify you via the primary email address associated with your account. You agree to respond to such complaints within 10 business days of notification and to provide a copy of your response to BluePeacock.

Failure to respond may result in the disclosure of your contact information to the complainant as required by law or in good faith to protect our rights and interests.

For legal complaints or to report infringement, contact us at legal@bluepeacock.com.

12. Trademarks

"BluePeacock," the BluePeacock logo, and other associated brand elements are trademarks of BluePeacock Inc. Unauthorized use of these trademarks without prior written consent is strictly prohibited. For licensing or permission inquiries, please contact legal@bluepeacock.com.

13. Disclaimer of Warranties

To the maximum extent permitted by law, the Site, Products, and Services are provided on an "as-is" and "as-available" basis. BluePeacock disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Service will be uninterrupted, error-free, or secure. You acknowledge that your use of the Service is at your sole risk and that BluePeacock shall not be responsible for any data loss, inaccuracies, or damages resulting from your use of the Site or Services.

14. Availability

BluePeacock makes no guarantee that the Service will be available without interruption or errors. Service access may be affected by external factors beyond our control, including Internet availability, outages, and technological limitations.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice or liability.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUEPEACOCK AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF THE SITE, PRODUCTS, AND/OR SERVICES. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY, EVEN IF BLUEPEACOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Indemnification

You agree to defend, indemnify, and hold harmless BluePeacock, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in any way connected with your breach of these Terms of Service, your use of the Services, or your violation of any third-party rights.

17. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts located in Wyoming.

18. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

19. Termination

BluePeacock reserves the right to suspend or terminate your access to the Site, Products, and/or Services at any time, for any reason, without prior notice. Upon termination, your right to use the Services will cease immediately. Provisions related to intellectual property, indemnification, warranties, and limitations of liability shall survive termination.

20. Modification of Terms of Service

BluePeacock reserves the right to update or modify these Terms of Service at any time without prior notice. Changes will become effective upon posting on this page. Your continued use of the Site, Products, and/or Services after changes indicates your acceptance of the updated Terms. We encourage you to review these Terms periodically.

21. End of Terms of Service

For any questions or concerns regarding these Terms of Service, please contact us at info@BluePeacock.com.