Bluelux – Terms of Service
This Agreement is entered into by Bluelux LTDA ME and the entity or individual using the Service (“Customer”). This Agreement governs Customer access to and use of Bluelux Services and is effective as of the date Customer clicks to accept the Agreement (the “Effective Date”) or starts using the service.
BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT (I) YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT, (II) ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS SERVICE ACCOUNT, AND (III) YOUR USE OF THE PAID SERVICES IS FOR COMMERCIAL/BUSINESS PURPOSES ONLY AND NOT FOR CONSUMER USE. If you do not have the legal authority to enter this Agreement, do not understand this Agreement, or don’t agree to any of its terms, please do not click to accept, or use the Services.
Bluelux reserves the right to make changes / updates to the Terms at any time without prior notice and the simple act of using Applications after changes / updates of the Terms means the agreement with the Terms. If you do not agree with the changes, you must uninstall the application, and cease any and all use of Bluelux. In the absence of manifestation it will be understood that the User tacitly accepted the Terms and the Contract will continue to bind the parties. We recommend that you review the Terms frequently to be aware of any updates.
In consideration of the foregoing, the parties agree as follows:
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Bluelux (including Bluelux Application and modules) consists of a lighting and devices control system that allows users to control lamps connected to the adapter by the application and also by the switch.
User can also share control access of their devices through the application, create groups and edit the device information. It may also be possible to program the time when lamps will light up and turn off.
Privacy and Copyright Protection
Bluelux privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Bluelux can use such data in accordance with our privacy policies.
Provision of the Paid Services
The Paid Services are services provided by Bluelux. New Applications and Services. Bluelux may make new applications, tools, features or functionality related to the Paid Services available from time to time the use of which may be contingent upon Customer’s agreement to additional terms.
Changes to the Services. Bluelux may make changes to the Paid Services at any time.
Changes to this Agreement. Bluelux may make changes to this Agreement, including Fees (and any linked documents) from time to time. Bluelux will post any changes to this Agreement and all changes will be effective immediately after posting. Bluelux advises Customer to review the latest version of the Agreement at prior to using the Paid Services to stay informed of the most current Agreement terms applicable to such use. The foregoing notwithstanding, unless otherwise noted by Bluelux, material changes to the Agreement will become effective 14 days after they are posted, except if the changes apply to new functionality or are required by applicable law in which case they will be effective immediately after they are posted. If Customer does not agree to any changes to the Agreement, Customer will stop using the Paid Services. Any use of the Paid Services after the posting and effective date of any changes to the Agreement will constitute Customer’s acceptance of the Agreement as modified.
Compliance. Customer is solely responsible for its Customer Data and for making sure its (and end users’) use of the Paid Services comply with the terms of this Agreement. Customer is responsible for ensuring all end users comply with Customer’s obligations under the Agreement.
High Risk Activities. Customer will not, and will not allow third parties under its direction to use the Paid Services for High Risk Activities.
Application and No Multiple Accounts or Bills. Any Application must have material value independent from the Paid Services. Bluelux has no obligation to provide multiple bills or Accounts to Customer under the Agreement.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER BLUELUX NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, BLUELUX, AND BLUELUX’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BLUELUX, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, BLUELUX, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Bluelux does not provide installation services for lamps or electrical equipment, it only grants a license of use of the company’s own software and hardware. Any defects, losses or damages related to not following the instructions for product use are the sole responsibility of the User.
Therefore, Bluelux is not responsible:
- Incorrect installation of Bluelux products, either by the User or by the electrician.
- For consequential damage to the adapter or the lamps by misuse, not respecting the specifications for installation and application usage.
- For any accident involving the user or the power grid during the installation of Bluelux without the use of protective materials and without the interruption of the residence power network.
- For recovering user control password of their devices.
- Pelos problemas que o Bluelux pode apresentar devido aos problemas da rede elétrica da sua residência, ou empresa.
- Damage to the Bluelux module due to incidence of lightning or other surges in your home or business.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Bluelux and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Bluelux (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of this Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt to assign is void.
Change of Control. If a party experiences a change of Control (a) that party will give written notice to the other party within thirty (30) days after the change of Control; and (b) the other party may immediately terminate this Agreement any time between the change of Control and thirty days after it receives that written notice.
Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
Severability. If any term (or part of a term) of this Agreement is invalid, illegal or unenforceable, the rest of the Agreement will remain in effect.
Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement. The terms located at a URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, Bluelux may provide an updated URL in place of any URL in this Agreement.
The jurisdiction for discovery, processing or judgment of any judicial, administrative or extrajudicial action shall be the forum of the district of Belo Horizonte, in Minas Gerais, Brazil, the opposite party renouncing to any other, however privileged it may be.