1. Agreement to Terms

By accessing or using the Bluepolar platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree, do not use the Service.

2. Description of Service

Bluepolar provides a security posture management platform for data warehouses. The Service connects to your data warehouse to analyze security configurations, identity management, access controls, and generate security scores with actionable recommendations. The Service is provided by Bluepolar LLC, a New Jersey limited liability company.

3. Account Terms

You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use. You must be at least 18 years old to use the Service.

4. Subscription & Billing

Bluepolar offers a free trial period, after which a paid subscription is required for continued access. Subscription fees are billed in advance on a monthly or annual basis depending on your selected plan. You may cancel your subscription at any time; access continues through the end of the current billing period. Refunds are not provided for partial billing periods. We may change pricing prospectively on at least 30 days' notice; changes apply to renewals after that notice period.

5. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
Attempt to gain unauthorized access to the Service, other accounts, or any related systems or networks.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
Interfere with or disrupt the integrity or performance of the Service.
Use the Service to transmit malware, viruses, or other harmful code.
Resell, sublicense, or redistribute access to the Service without our written consent.

6. Intellectual Property

Bluepolar and its licensors retain all right, title, and interest in and to the Service, including all software, algorithms, interfaces, documentation, and related intellectual property. Nothing in these Terms grants you any ownership rights in the Service. You retain all rights to your data; we claim no ownership over the data you process through the Service.

7. Data & Privacy

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

8. Third-Party Services

The Service integrates with third-party services including data warehouse providers, payment processors, and identity providers. Your use of these third-party services is subject to their respective terms and privacy policies. Bluepolar is not responsible for the availability or conduct of third-party services.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BLUEPOLAR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL SECURITY ADVICE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUEPOLAR LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. BLUEPOLAR'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS YOU PAID TO BLUEPOLAR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Bluepolar LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We may suspend or terminate your access to the Service at any time for any reason, including for violation of these Terms, with or without notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution) will survive.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Subject to Section 14 (Dispute Resolution), any disputes shall be brought exclusively in the state and federal courts located in New Jersey, and you consent to personal jurisdiction in those courts.

14. Dispute Resolution; Arbitration; Class-Action Waiver

Plain-English summary. Most disputes between us and you will be resolved by individual, binding arbitration rather than in court, and not as part of a class action. You can opt out of arbitration within 30 days of first agreeing to these Terms by emailing us at legal@bluepolar.ai.

Agreement to arbitrate. Except for (a) claims for injunctive or equitable relief relating to intellectual property, confidentiality, or unauthorized access to the Service, and (b) claims that may be brought in small-claims court, you and Bluepolar agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect. The arbitration shall be conducted in English, seated in New Jersey, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and Bluepolar each waive any right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator may award relief only on an individual basis.

Jury-trial waiver. To the extent any dispute proceeds in court rather than arbitration, you and Bluepolar each knowingly and voluntarily waive any right to a trial by jury.

Opt-out. You may opt out of this Section 14 by sending written notice to legal@bluepolar.ai within 30 days of first accepting these Terms. Opt-out does not affect any other provision of these Terms.

15. Force Majeure

Neither party shall be liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic or public-health emergency, labor disputes, government action, telecommunications or cloud-infrastructure failures, and outages of upstream service providers.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.

17. Assignment

You may not assign or transfer these Terms or any rights or obligations under them, in whole or in part, without our prior written consent. Bluepolar may assign these Terms without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any assignment in violation of this section is void.

18. Entire Agreement

These Terms, together with the Privacy Policy and any order form or written agreement executed between you and Bluepolar, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements, proposals, or communications, written or oral. No waiver of any provision will be effective unless in writing and signed by the waiving party.

19. Data Processing Addendum

A Data Processing Addendum (DPA) reflecting GDPR Article 28 and other applicable data-protection requirements is available on request to legal@bluepolar.ai. Once executed, the DPA is incorporated into and forms part of these Terms with respect to personal data we process on your behalf.

20. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Service prior to the changes taking effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

21. Contact Information

If you have any questions about these Terms, please contact us at legal@bluepolar.ai.

Bluepolar LLC
New Jersey, United States