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Customer Agreement
Effective starting: January 22, 2015
This Bluecups Customer Agreement (the “Agreement”) is between you and Bluecups financial solutions (“Bluecups”). If you are agreeing to this Agreement not as an individual but on behalf of your company, then “Customer” or “you” means your company, and you are binding your company to this Agreement. Bluecups may modify this Agreement from time to time.
By clicking on the “I agree” (or similar buttons) that is presented to you at the time of your Order, or by using or accessing Bluecups products, you indicate your assent to be bound by this Agreement.
1. Scope of the Agreement. This Agreement governs your initial purchase as well as any future purchases made by you that reference this Agreement. This Agreement includes our Privacy Policy, our Acceptable Use Policy, any Orders, and any other referenced policies and attachments. This Agreement applies to Bluecups softwares or services that you purchase from the Bluecups Websites (“www.bluecups.in/www.bluecupsindia.com/or any related websites.”).
2. Types of Bluecups Products. This Agreement governs (a) Bluecups’ commercially available useable software products or services (“Softwares & Services”), (b) Bluecups’ hosted or cloud-based solutions (currently designated as “Web apps”) (“Web based Services”), (c) Bluecups’ other products as, and (d) any related support or maintenance services provided by Bluecups. Software and Hosted Services, together with related Documentation, are referred to as “Products”. The Products and their permitted use are further described with respective products.
3. Account Registration. You may need to register for a Bluecups account in order to place orders or access or receive any Products. Any registration information that you provide to us must be accurate, current and complete. You must also update your information so that we may send notices, statements and other information to you by email or through your account. You are responsible for all actions taken through your accounts.
4. Ordering with Bluecups. Bluecups’ Product ordering documentation or purchase flow (“Order”) will specify your authorized scope of use for the Products, which may include: (a) number and type of Authorized Users (as defined below), (b) storage or capacity (for Hosted Services), (c) numbers of licenses, copies or instances (for Software), or (d) other restrictions or billable units (as applicable, the “Scope of Use”). The term “Order” also includes any applicable Product or Support and Maintenance renewal, or purchases you make to increase or upgrade your Scope of Use.
5. Authorized Users. Only the specific individuals for whom you have paid the required fees and whom you designate through the applicable Product (“Authorized Users”) may access and use the Products. Authorized Users may be you or your employees who are acting for your benefit or on your behalf.
6. Software Terms.
6.1 Your License Rights. Subject to the terms and conditions of this Agreement, Bluecups grants you a non-exclusive, non-sublicenseable and non-transferable license to install and use the Software during the applicable License Term in accordance with this Agreement, your applicable Scope of Use, and the Documentation. The term of each Software license (“License Term”) will be specified in your Order.
6.2 Your Modifications. Any modified source code or Documentation constitutes “Your Modifications”. You may use Your Modifications solely with respect to your own instances in support of your permitted use of the Software but you may not distribute the code to Your Modifications to any third party. Notwithstanding anything in this Agreement to the contrary, Bluecups has no support, warranty, indemnification or other obligation or liability with respect to “Your Modifications”.
6.3 Attribution. In any use of the Software, we may include the following attribution to Bluecups on all user interfaces in the following format: “Powered by Bluecups,” which may include a hyperlink to http://www.bluecups.in or other links, and which must be in the same format as delivered in the Software.
7. Hosted Services Terms.
7.1 Access to Services. Subject to the terms and conditions of this Agreement, Bluecups grants you a non-exclusive right to access and use the Services during the applicable Subscription Term. If Bluecups offers client software (e.g., a desktop or mobile application) for any Service, you may use such software solely with the Service, subject to the terms and conditions of this Agreement. You acknowledge that our Services are on-line, subscription-based products and that we may make changes to the Services from time to time.
7.2 Subscription Terms and Renewals. Our Services are provided on a subscription basis for a set term specified in your Order (“Order Period”). Except as otherwise specified in your Order, all subscriptions will automatically renew for periods equal to your initial Subscription Term (and you will be charged at the then-current rates) unless you cancel your subscription through your account or by calling our support team. If you cancel, your subscription will terminate at the end of then-current billing cycle, but you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.
7.3 Credentials. You must ensure that all Authorized Users keep their user IDs and passwords for the Services strictly confidential and not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. You are responsible for any and all actions taken using your accounts and passwords, and you agree to immediately notify Bluecups of any unauthorized use of which you become aware.
7.4 Your Data. “Your Data” means any data, content, code, video, images or other materials of any type that you upload, submit or otherwise transmit to or through Services. You will retain all right, title and interest in and to Your Data in the form provided to Bluecups. Subject to the terms of this Agreement, you hereby grant to Bluecups a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create derivative works of Your Data, in each case solely to the extent necessary to provide the applicable Hosted Service to you and (b) for Services that enable you to share Your Data or interact with other people, to distribute and publicly perform and display Your Data as you (or your Authorized Users) direct or enable through the Service. Bluecups may also access your account or instance in order to respond to your support requests.
7.5 Security. Bluecups implements security procedures to help protect Your Data from security attacks. However, you understand that use of the Hosted Services necessarily involves transmission of Your Data over networks that are not owned, operated or controlled by us, and we are not responsible for any of Your Data lost, altered, intercepted or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of Your Data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers.
7.6 Storage Limits. There may be storage limits associated with a particular Hosted Service. These limits are described in the services descriptions on our websites or in the Documentation for the particular Hosted Service. Bluecups reserves the right to charge for additional storage or overage fees at the rates specified on our website. We may impose new, or may modify existing, storage limits for the Hosted Services at any time in our discretion, with or without notice to you.
7.7 Responsibility for Your Data.
7.7.1 General. You must ensure that your use of Hosted Services and all Your Data is at all times compliant with our Acceptable Use Policy and all applicable local, state, federal and international laws and regulations (“Laws”). You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide all Your Data to Bluecups and to grant the rights granted to Bluecups in this Agreement and (ii) Your Data and its transfer to and use by Bluecups as authorized by you under this Agreement do not violate any Laws (including without limitation those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies
7.8 Removals and Suspension. Bluecups has no obligation to monitor any content uploaded to the Hosted Services. Nonetheless, if we deem such action necessary based on your violation of this Agreement or in response to takedown requests that we receive following our guidelines for Reporting Copyright and Trademark Violations, we may (1) remove Your Data from the Hosted Services or (2) suspend your access to the Hosted Services. We will generally alert you when we take such action and give you a reasonable opportunity to cure your breach, but if we determine that your actions endanger the operation of the Hosted Service or other users, we may suspend your access immediately without notice. You will continue to be charged for the Hosted Service during any suspension period. We have no liability to you for removing or deleting Your Data from or suspending your access to any Hosted Services as described in this section.
7.9 Deletion at End of Subscription Term. We may remove or delete Your Data within a reasonable period of time after the termination of your Subscription Term.
7.10 Service-Specific Terms. Some of our Hosted Services may be subject to additional terms specific to that service as set forth in our Service-Specific Terms.
8. Support and Maintenance. Bluecups will provide the support and maintenance services for the Products such as websites and apps (“Support and Maintenance”) during the period for which you have paid the applicable fee. Support and Maintenance is subject to the terms of the Bluecups Support Policy and will be provided at the support level and during the support term specified in your Order. The Bluecups Support Policy may be modified by Bluecups from time to time to reflect process improvements or changing practices. Support and Maintenance for Software includes access to New Releases, if and when available. You may use any New Releases that we provide to you during a valid support term in the same way that you use Software, and New Releases are included in the definition of Software in that case. “New Releases” are bug fixes, patches, major or minor releases, or any other changes, enhancements, or modifications to the Software that we make generally commercially available.
9. Returns and Financial Terms.
9.1 Refund Policy. As part of our commitment to customer satisfaction, it is our customary business practice to allow customers to return a Product/Service within 7 days of payment for any reason or no reason and to receive a refund of the amount paid for the returned Product/Services. In the context of Software, a return means that we will disable the license key that allowed the Software to operate. In the context of Hosted Services, a return means that we will disable access to the Hosted Service. We will not accept returns after the 7-day return period. You understand that Bluecups may change this practice in the future in accordance.
9.2 Delivery.We will deliver the applicable license keys (in the case of Software) or login instructions (in the case of Hosted Services) to the email addresses specified in your Order when we have received payment of the applicable fees. All deliveries under this Agreement will be electronic. For the avoidance of doubt, you are responsible for installation of any Software, and you acknowledge that Bluecups has no further delivery obligation with respect to the Software after delivery of the license keys.
9.3 Payment. You agree to pay all fees in accordance with each Order. Unless otherwise specified in your Order, you will pay all amounts in Indian Rupees or US Dollars at the time you place your Order and all amounts are non-refundable, non-cancelable and non-creditable. In making payments, you acknowledge that you are not relying on future availability of any Products beyond the current License Term or Subscription Term or any Product upgrades or feature enhancements. If you add Authorized Users during your License Term or Subscription Term, we will charge you for the increased number of Authorized Users pursuant to the then-currently applicable rates in your next billing cycle. If you purchase any Products through a Reseller, you owe payment to the Reseller as agreed between you and the Reseller, but you acknowledge that we may terminate your rights to use Products if we do not receive our corresponding payment from the Reseller.
9.4 Taxes. Your payments under this Agreement exclude any taxes or duties payable in respect of the Products in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by Bluecups, you must pay to Bluecups the amount of such taxes or duties in addition to any fees owed under this Agreement. Notwithstanding the foregoing, you may have obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed. In that case, you will have the right to provide to Bluecups any such exemption information, and Bluecups will use reasonable efforts to provide such invoicing documents as may enable you to obtain a refund or credit for the amount so paid from any relevant revenue authority if such a refund or credit is available.
10. Restrictions. Except as otherwise expressly permitted in this Agreement, you will not: (a) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sublicense, transfer, or provide access to the Products to a third party, (b) use the Products for the benefit of any third party, (c) incorporate any Products into a product or service you provide to a third party, (d) interfere with any license key mechanism in the Products or otherwise circumvent mechanisms in the Products intended to limit your use, (e) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Products, except as permitted by law, (f) remove or obscure any proprietary or other notices contained in any Product, or (g) publicly disseminate information regarding the performance of the Products.
11. License Certifications and Audits. At our request, you agree to provide a signed certification that you are using all Products pursuant to the terms of this Agreement, including the Scope of Use. You agree to allow us, or our authorized agent, to audit your use of the Products. We will provide you with at least 10 days advance notice prior to the audit, and the audit will be conducted during normal business hours. We will bear all out-of-pocket costs that we incur for the audit, unless the audit reveals that you have exceeded the Scope of Use. You will provide reasonable assistance, cooperation, and access to relevant information in the course of any audit at your own cost. If you exceed your Scope of Use, we may invoice you for any past or ongoing excessive use, and you will pay the invoice promptly after receipt. This remedy is without prejudice to any other remedies available to Bluecups at law or equity or under this Agreement. To the extent we are obligated to do so, we may share audit results with certain of our third party licensors or assign the audit rights specified in this Section to such licensors.
12. Ownership and Feedback. Products are made available on a limited license or access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. Bluecups and its licensors have and retain all right, title and interest, including all intellectual property rights, in and to the Products (including all No-Charge Products), their “look and feel”, any and all related or underlying technology, and any modifications or derivative works of the foregoing created by or for Bluecups, including without limitation as they may incorporate Feedback (“Bluecups Softwares or Services”). From time to time, you may choose to submit comments, information, questions, data, ideas, description of processes, or other information to Bluecups, including sharing Your Modifications or in the course of receiving Support and Maintenance (“Feedback”). Bluecups may in connection with any of its products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Confidential Information, and nothing in this Agreement limits Bluecups’ right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
13. Term and Termination. This Agreement is in effect for as long as you have a valid License Term or Subscription Term (the “Order Term”), unless sooner terminated as permitted in this Agreement. Either party may terminate this Agreement before the expiration of the Term if the other party materially breaches any of the terms of this Agreement and does not cure the breach within thirty (30) days after written notice of the breach. Either party may also terminate the Agreement before the expiration of the Term if the other party ceases to operate, declares bankruptcy, or becomes insolvent or otherwise unable to meet its financial obligations. You may terminate this Agreement at any time with notice to Bluecups, but you will not be entitled to any credits or refunds as a result of convenience termination for prepaid but unused Software, Web Service subscriptions, or Support and Maintenance.
Privacy Policy
Effective starting: January 22, 2015
Introduction
This Privacy Policy explains what information Bluecups financial solutions and its related entities ("Bluecups") collect about you and why, what we do with that information, how we share it, and how we handle the content you place in our products and services.
Scope of Privacy Policy
This Privacy Policy applies to the information that we obtain through your use of "Bluecups Services" via a "Device" or when you otherwise interact with Bluecups.
"Bluecups Services" include our:
1. Website Developmental Plans 2. Domains & Related Web Services 3. Backend Support Plans 4. Personalized Items Plans 5. Or Other Related Services.
But does not include:
Third party products. These are third party products or services that you may choose to integrate with Bluecups product or services, such as third party Services or Add-Ons available through the Internet. You should always review the policies of third party products and services to make sure you are comfortable with the ways in which they collect and use your information.
A "Device" is any computer used to access the Bluecups Services, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device.
By registering for or using Bluecups Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy.
Definitions
Bluecups Services: Bluecups’ Websites, Web Based Products, and Other items like Apps etc.. Content: Any information or data that you upload, submit, post, create, transmit, store or display in a Bluecups Service. Information: All of the different forms of data, content, and information collected by us as described in this Privacy Policy. Personal Information: Information that may be used to readily identify or contact you as an individual person, such as: name, address, email address, or phone number. Personal Information does not include information that has been hidden such that it does not allow for the ready identification of specific individuals. Web Based Products: Bluecups’ "Cloud" hosted solutions, as well as other Bluecups hosted solutions that display a link to this Privacy Policy. For the avoidance of doubt, if a Bluecups hosted solution displays a link to a different privacy policy, then that other privacy policy shall apply. Websites: Bluecups' websites, including but not limited to Bluecupsindia.com, bluecups.in, Bluecups.co, Bluecups.asia, Mybluecups.com, wiki.bluecups.in, support.bluecups.in and any related websites, sub-domains and pages."
Changes to our Privacy Policy
We may change this Privacy Policy from time to time. If we make any changes, we will notify you by revising the "Effective Starting" date at the top of this Privacy Policy and, in some cases, where appropriate we may provide you with additional notice (such as adding a statement to the login screen or sending you an email notification). We encourage you to review our Privacy Policy whenever you use Bluecups Services to stay informed about our information practices and the ways you can help protect your privacy. If you disagree with any changes to this Privacy Policy, you will need to stop using Bluecups Services and deactivate your account(s).
Information you provide to us
Account and Profile Information: We collect information about you and your company as you register for an account, create or modify your profile, make purchases through, use, access, or interact with Bluecups Services (including but not limited to when you upload, download, collaborate on or share Content). Information we collect includes but is not limited to your name, username, address, email address, phone number, profile photo, job title, or credit card details. You may provide this information directly when you enter it in Bluecups Services, or in some cases another user (such as a system administrator) creating an account on your behalf may provide it (most commonly when your company requests that you use our products). If you are providing information (including Personal Information) about someone else, you confirm that you have the authority to act for them and to consent to the collection and use of their Personal Information as described in this Privacy Policy. Content: We collect and store Content that you create, input, submit, post, upload, transmit, store or display in the process of using our Web Based Products or Websites. Such Content includes any Personal Information or other sensitive information that you choose to include (“passively-collected Personal Information”). Other submissions: We collect other data that you submit to our Websites or as you participate in any interactive features of the Bluecups Services, participate in a survey, contest, promotion, activity or event, apply for a job, request customer support, communicate with us via third party social media sites or otherwise communicate with us. For example, information regarding a problem you are experiencing with a Bluecups Service could be submitted to our Support Services. Any information, including Personal Information, which you submit to our Websites could be visible to the public unless submitted to a secure area in the Website.
Information we collect from your use of Bluecups Services
Web Logs: As is true with most websites and services delivered over the Internet, we gather certain information and store it in log files when you interact with our Websites and Web Based Products. This information includes internet protocol (IP) addresses as well as browser type, internet service provider, URLs of referring/exit pages, operating system, date/time stamp, information you search for, locale and language preferences, identification numbers associated with your Devices, your mobile carrier, and system configuration information. Analytics Information from Website: We collect analytics information when you use our Websites to help us improve our products and services. In the Web Based Products, this analytics information consists of the feature and function of the Bluecups Service being used, the associated license identifier and domain name, the username and IP address of the individual who is using the feature or function the sizes and original filenames of attachments, and additional information required to detail the operation of the function and which parts of the Bluecups Services are being affected. Cookies and Other Tracking Technologies: We use various technologies to collect information, including cookies that we save to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory. We use cookies to improve and customize Bluecups Services and your experience; to allow you to access and use the Websites or Web Based Products without re-entering your username or password; and to count visits and understand which areas and features of the Websites. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of our Websites or Products.
Information sharing and disclosure
We will not share or disclose any of your Personal Information or Content with third parties except as described in this policy. We do not sell your Personal Information or Content. Your use: When you use Bluecups Services, Content you provide will be displayed back to you. Certain features of Bluecups Services allow you to make some of your Content public, in which case it will become readily accessible to anyone. We urge you to consider the sensitivity of any data you make public. Access by your system administrator: You should be aware that the administrator of your instance of Bluecups Services may be able to:
1. Access information in and about your Bluecups Services account; 2. Disclose, restrict, or access information that you have provided or that is made available to you when using your Bluecups Services account, including your Content; and 3. Control how your Bluecups Services account may be accessed or deleted.
Bluecups Community: Our Websites offer publicly accessible community services such as blogs, support, FAQs and knowledgebase. You should be aware that any Content you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account. Service Providers, Business Partners and Others: We work with third party service providers to provide website, hosting, maintenance, back-up, storage, virtual infrastructure, payment processing, analysis and other services for us. These third parties may have access to or process your Information as part of providing those services for us. Third Party Cookies and Tracking Technologies. When you visit Bluecups’ Websites, third parties such as Our Payment gateways Partners and analytics providers use cookies and other technologies to collect information about your online activities over time and across our different websites or online services. When you use our Web Based Products, we allow our analytics provider to collect the information. Compliance with Laws and Law Enforcement Requests; Protection of Our Rights: We may disclose your Information (including your Personal Information) to a third party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (b) to enforce our agreements, policies and terms of service, (c) to protect the security or integrity of Bluecups products and services, (d) to protect Bluecups, our customers or the public from harm or illegal activities, or (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person. Business Transfers We may share or transfer your information (including your Personal Information) in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business. With Your Consent. We will share your personal information with third parties when we have your consent to do so.
Information we do not share
We do not share Personal Information about you with third parties for their marketing purposes (including direct marketing purposes) without your permission.
Data storage, transfer and security
Bluecups hosts data with hosting service providers in numerous countries including the United States, UK and India. The servers on which Personal Information is stored are kept in a controlled environment. While we take reasonable efforts to guard your Personal Information, no security system is impenetrable and due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. In addition, we cannot guarantee that any passively-collected Personal Information you choose to store in Websites or Web Based Products are maintained at levels of protection to meet specific needs or obligations you may have relating to that information.
Your Choices
You may opt out of receiving promotional communications from Bluecups by using the unsubscribe link within each email, updating your email preferences at bluecups.in, or emailing us to have your contact information removed from our promotional email list or registration database. Although opt-out requests are usually processed immediately, please allow ten (10) business days for a removal request to be processed. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding Bluecups’ Services.
Accessing and updating your information
You can access and amend some of the information we keep about you through your account settings.
Compliance with privacy laws and regulations
You agree not to use the Bluecups Services in a manner that would violate laws protecting an individual’s privacy rights, health or financial data in any country whose human rights are violated.
International users
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your Personal Information to Australia and the United States to us. By providing your Personal Information, you consent to any transfer and processing in accordance with this Policy.
Company Certification
Bluecups was incorporated in Hajipur, Vaishali on 21 January 2015, as a private limited company with the name of Bluecups financial solutions.
The Company’s registered office is at c/o Saurav Kumar, S-22 P-1 Vastu Vihar, Near CIPET, Industrial Area, Hajipur, Vaishali, Bihar and the contact number is +91 808 350 8085. Bluecups currently operates the sales, service and marketing of quality software products and SAS services primarily out of offices in Hajipur and Patna.
Company Vision
Our software for everyday needs.
Business Objective
To provide a reliable, no nonsense and simple and useful software for businesses to assist in meeting their business objectives and continual improvement.
Company Goals
We will cater to every customer, whether small or large. We will maintain our reputation and will always make awesome.
Cancellation & Refund Policy
At bluecups.in, we believe that customer satisfaction is key; therefore we stand behind all services and products bought at our site. If you receive a product/service which is not as per the specifications ordered by you i.e; poor quality websites, bad interface softwares and apps etc...
You are completely protected. Bluecups offers a 15 day "No Questions Asked" policy for all such products and services.
Refund Policy:
Refunds will be made in the same form that the payment is received within 15 working days from the date of cancellation of order. Apart from condition reserved herein above, the following software shall not be eligible for refund, viz: 1. Any product that exhibits tampering; 2. Any product that has been re-engineered.