Terms and Conditions

1. Acceptance of Terms

By accessing or using the services provided by Blueye Labs, Inc. ("we," "us," or "our"), you ("user" or "you") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use our services.

2. Eligibility

• Age Requirement: You must be at least 18 years old to use our platform.
• User Accounts: Accounts are intended for teachers and administrators. Students do not have direct accounts at this time.

3. Account Registration and Security

• Registration: You may be required to register an account to access certain features. Registration requires providing your name, email address, and a password.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Account Management: You may update or delete your account information by contacting us at support@blueye.org.

4. User Conduct and Content

• Permitted Content: You may create and share educational materials relevant to teaching.
• Prohibited Content: You agree not to upload or share content that is unlawful, infringing, harmful, or violates any applicable laws.
• Compliance: You must comply with all applicable laws and regulations while using our services.
• No Monitoring: While we do not actively monitor user-generated content, we will investigate any complaints regarding prohibited content and take appropriate action as necessary.

5. Intellectual Property Rights

• Our Rights: We retain all intellectual property rights to the software, content, and materials provided through our platform.
• Your Rights: You retain ownership of any content you create using our tools.
• License to Use User Content: By uploading or creating content on our platform, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display your content for the purpose of operating and improving our services.
• Reporting Infringement: If you believe your intellectual property rights have been infringed, please contact us at support@blueye.org with a detailed notice.

6. License Grant and Restrictions

• License: We grant you a limited, non-exclusive, non-transferable license to access and use our services as per these Terms.
• Restrictions: You agree not to misuse the services, including but not limited to disrupting or degrading the software.
• Commercial Use: Commercial use is permitted in accordance with these Terms.

7. Payment and Subscription

• Service Tiers: We offer both free and paid versions of our services.
  • Free Version: Available indefinitely for individual teachers; access to certain functionalities may be limited.
  • Paid Versions: Available upon request for individual teachers and institutions through our sales representatives.
• Billing: Fees and billing cycles vary based on the selected plan. Payment methods include credit card, check, and wire transfer.
• Refunds and Cancellations: Subscriptions can be canceled at any time. You may request a refund if your subscription has been active for less than 30 days. Contact support@blueye.org for assistance.
• Auto-Renewals: Subscriptions may automatically renew. To manage or disable auto-renewals, contact support@blueye.org.

8. Disclaimers and Limitation of Liability

• "As Is" Service: Our services are provided "as is" and "as available" without warranties of any kind, express or implied.
• No Guarantees: We do not guarantee the accuracy, reliability, or availability of our services.
• Educational Outcomes: We disclaim any guarantees regarding specific educational outcomes or improvements as a result of using our platform.
• Limitation of Liability: To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.

9. Indemnification

You agree to indemnify and hold harmless Blueye Labs, Inc., its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of your use of the services or violation of these Terms.

10. Termination

• Our Right to Terminate: We may suspend or terminate your access to our services at our sole discretion, without prior notice.
• Your Right to Terminate: You may terminate your account at any time by contacting support@blueye.org.
• Data Handling Post-Termination: Upon termination, your data will be deleted within 90 days in accordance with our Privacy Policy.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Delaware.

12. Dispute Resolution

• Arbitration: Any disputes arising under these Terms shall be resolved through binding arbitration, to the extent permitted by law.
• Class Action Waiver: You agree to waive the right to participate in any class-action lawsuit or class-wide arbitration.
• Initiating Disputes: Contact us at support@blueye.org to resolve disputes amicably before initiating arbitration.
• Time Limitation: Any claim must be filed within one year after the cause of action arises.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Continued use of the services after modifications are displayed constitutes acceptance of the new Terms. We will notify you of significant changes via email or in-app notifications. If you do not agree to the modified Terms, you may terminate your account.

14. Compliance with Laws

We comply with all applicable laws and regulations, including the Family Educational Rights and Privacy Act (FERPA) and the Children's Online Privacy Protection Act (COPPA). While we do our best to comply, educational institutions are responsible for handling specific requests from families. You are responsible for complying with all applicable local, state, national, and international laws and regulations when using our services.

15. Accessibility

While we strive to make our platform accessible, we recognize that a variety of unique needs exist. If you encounter any accessibility issues, please contact us at support@blueye.org, and we will make reasonable efforts to accommodate your specific needs.

16. Privacy Policy

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our services, you consent to the practices described in the Privacy Policy.

17. Contact Information

For support or questions about these Terms, contact us at:

• Email: support@blueye.org
• Address:
  224 W 35th St
  Ste 500
  New York, NY 10001

18. Entire Agreement and Severability

These Terms constitute the entire agreement between you and Blueye Labs, Inc. regarding the use of our services. If any provision is found unenforceable, the remaining provisions will remain in full force and effect.

19. Additional Considerations

• Handling of Student Data: We handle student data in compliance with FERPA and other applicable laws. While we do our best to comply, educational institutions are responsible for handling specific requests from families and obtaining necessary consents.
• Assessments and Grading: While we provide tools to support assessments and grading, the responsibility for accuracy and fairness rests solely with educators.
• No Accreditations: We do not offer accredited courses or officially recognized educational certifications.
• Professional Advice: Any content or advice provided is for informational purposes only and should not be considered professional educational guidance.

20. Export Controls and International Use

• International Accessibility: Our services are accessible internationally. However, we make no representations that the services are appropriate or available for use in all locations.
• Export Compliance: You agree to comply with all applicable export laws and regulations, including those of the United States.
• Restricted Regions: Accessing the services from territories where the content is illegal is prohibited.

21. Marketing Communications

• Consent: By creating an account, you consent to receive marketing communications from us.
• Opt-Out: You may opt-out at any time by clicking the unsubscribe link in our emails or updating your preferences.
• Compliance: We comply with the CAN-SPAM Act and other relevant email marketing laws.
• Push Notifications: We may send push notifications or in-app messages to users who have consented to receive them.

22. User Feedback and Submissions

By submitting feedback or suggestions, you grant us a non-exclusive, royalty-free, irrevocable license to use, modify, and distribute such feedback for any purpose without compensation to you.

23. Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, wars, pandemics, cyber-attacks, or government actions.

24. Language

These Terms are provided in English. In case of any discrepancy, the English version shall prevail. Translations, if provided, are for convenience only.

25. Software Updates and Maintenance

• Updates: We may update or modify the software at any time without prior notice.
• No Liability: We are not liable for any issues arising from updates or maintenance.
• User Responsibility: You are responsible for updating your systems to accommodate software changes.

26. Electronic Communications

• Consent to Electronic Communications: By using our services, you consent to receive electronic communications from us.
• Legal Requirement Satisfaction: Electronic communications satisfy any legal requirements that such communications be in writing.

27. Assignment

We may assign or transfer our rights and obligations under these Terms without your consent. You may not assign or transfer your rights under these Terms.

28. Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

29. Electronic Signature and Agreement

By accessing or using our services, you agree to these Terms electronically. Your electronic agreement has the same legal effect as a physical signature.