Terms, Agreement, and Privacy Policy

BlueRithm LLC ("BlueRithm") offers software as a service ("SaaS"), commissioning, project management, and organizational tools available online (collectively, the "Service" or the "Software"). This SaaS Agreement (the "Agreement") is entered into upon first use of the Service (the "Effective Date") between each User or their Company (the "User") and BlueRithm. This Agreement includes the below Terms and Conditions and Privacy Policy and contains, among other things, warranty disclaimers, liability limitations, and use limitations. There shall be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof.

TERMS AND CONDITIONS
Last Updated 11/29/2021

1. USER ACCOUNTS

a. GENERAL. To use the Service, the User must be, and represents and warrants that the User is at least eighteen (18) years of age and competent to agree to these Terms. If User is an entity, User represents and warrants that such entity is in good standing with applicable laws and that no authorized agents of the entity using the Service are under the age of eighteen (18) years of age. If BlueRithm has previously prohibited the User from accessing or using the Service, the User is not permitted to access or use the Service.

b. USERNAME AND PASSWORD. The User must identify an administrative username and password for the User's account. User agrees to provide BlueRithm with accurate, complete, and current registration information about the User. It is the User's responsibility to ensure that their password remains confidential and secure. By registering, the User agrees to be fully responsible for all activities that occur under that registration. BlueRithm reserves the right to refuse registration of, or cancel, any username or password it deems inappropriate.

c. UNAUTHORIZED ACCOUNT USE. The User is responsible for notifying BlueRithm by e-mailing [email protected] if the User becomes aware of any unauthorized use or access to their account. BlueRithm will not be liable for any loss, damages, liability, expenses, or attorneys' fees that the User may incur because of unauthorized use of the User's password or account, either with or without the User's knowledge or authorization and regardless of whether the User has or has not advised BlueRithm of such unauthorized use. The User will be liable for losses, damages, liability, expenses, and attorneys' fees incurred by BlueRithm or a third party due to unauthorized use of the User's account.

2. CONFIDENTIALITY AND PROPRIETARY RIGHTS

a. GENERAL. Both the User and BlueRithm (collectively, the "Parties") understand that one party (the "Disclosing Party") has disclosed or may disclose confidential information to the other party (the "Receiving Party"). Confidential information includes, but is not limited to, business, technical, software, graphics, or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of BlueRithm includes, but is not limited to, non-public information regarding features, functionality, and performance of the Service. Proprietary Information of User includes, but is not limited to, non-public data provided by User to BlueRithm to enable the provision of the Service ("User Data").

b. RESPONSIBILITIES OF THE RECEIVING PARTY. The Receiving Party agrees:
i. to take reasonable precautions to protect such Proprietary Information, such as safeguarding any Proprietary Information behind a lock, security code, or password, and clearly labeling all Proprietary Information as "Confidential;" and
ii. not to use (except in performance of the Service or as otherwise permitted herein) or divulge to any third party any such Proprietary Information.

c. RESPONSIBILITIES OF THE DISCLOSING PARTY. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure to the Receiving Party thereof, or any information that the Receiving Party can document:
i. is or becomes generally available to the public;
ii. was in its possession or known by it prior to receipt from the Disclosing Party;
iii. was rightfully disclosed to it without restriction by a third party;
iv. was independently developed without the use of any Proprietary Information of the Disclosing Party; or
v. is required to be disclosed by law.

d. USER DATA. The User shall own all rights, titles, and interests in and to the User Data.

e. BLUERITHM DATA. BlueRithm shall own and retain all rights, titles, and interests in and to:
i. the Service and Software, including but not limited to, all improvements, enhancements, or modifications thereto;
ii. any software, applications, inventions, or other technology developed in connection with maintenance or support; and
iii. all intellectual property rights related to any of the foregoing.

f. PERFORMANCE DATA. Notwithstanding anything to the contrary, BlueRithm shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Service and related systems and technologies (including, without limitation, information concerning User Data and data derived therefrom), and BlueRithm will be free to (during and after the term hereof):
i. use such information and data to improve and enhance the Service and for other development, diagnostic, and corrective purposes in connection with the Service and other BlueRithm offerings; and
ii. disclose such data solely in aggregate or other de-identified forms in connection with its business.

g. EXPRESS GRANTS. No rights to the User, or licenses granted to the User by BlueRithm, except as expressly set forth herein.

3. USER RESTRICTIONS AND RESPONSIBILITIES

a. ACCEPTABLE USE. The User must comply with the following rules regarding acceptable use of the Service. The User will not, directly or indirectly:
i. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Service or any software, documentation, or data related to the Service;
ii. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
iii. modify, translate, or create derivative works based on the Service or Software (except to the extent expressly permitted by BlueRithm or authorized within the Service);
iv. use the Service or Software for timesharing, service bureau purposes, or otherwise for the benefit of a third party;
v. remove any proprietary notices or labels made by BlueRithm;
vi. attempt to disrupt or overwhelm our infrastructure by intentionally or unintentially imposing unreasonable requests or burdens on our resources (e.g., using "bots" or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period);
vii. intentionally or unintentially interfere with or disrupt the access of any user, host, or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service; or
viii. violates any applicable law, any third party's intellectual property rights, or anyone's right of privacy or publicity.

b. EXPORTING TO NON-US JURISDICTIONS. Except through the standard use of the Service by the User, the User may not remove or export from the United States, or allow the export or re-export of, the Service, Software, or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.

c. USE BY THE US GOVERNMENT. Software and associated documentation are defined as "commercial item[s]" in Section 2.101 of the Federal Acquisition Regulation (FAR) and are deemed to be "commercial computer software" and "commercial computer software documentation" by Sections 252.227 7014(a)(1) and (5) of the Defense Federal Acquisition Regulation (DFAR). Consistent with DFAR Section 227.7202 and FAR Section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

d. POLICY COMPLIANCE. The User represents, covenants, and warrants that the User will use the Service only in compliance with BlueRithm's standard published policies then in effect (the "Policy") and all applicable laws and regulations. The User hereby agrees to indemnify and hold harmless BlueRithm against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from the User's use of Service. Although BlueRithm has no obligation to monitor the User's use of the Service, BlueRithm may do so and may prohibit any use of the Service it believes may be (or alleged to be) in violation of the foregoing.

e. USER EQUIPMENT. User shall be responsible for obtaining and maintaining any equipment and ancillary Service needed to connect to, access, or otherwise use the Service, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, "Equipment"). User shall also be responsible for maintaining the security of the Equipment, User account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the User's account(s) or the Equipment, with or without the User's knowledge or consent.

4. OBLIGATIONS OF BLUERITHM

a. PROVIDING THE SERVICE. BlueRithm will use commercially reasonable efforts to provide the User the Service. The Service shall be available 99.9% of the time, measured monthly, excluding holidays, weekends, and scheduled maintenance. If the User requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third-party connections, utilities, or other reasons beyond BlueRithm's control will also be excluded from any such calculation. The User's sole and exclusive remedy, and BlueRithm's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, BlueRithm will credit User 5% of Service fees for each period of sixty (60) or more consecutive minutes of downtime, provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as the User (with notice to BlueRithm by e-mailing [email protected]) recognizes that downtime is taking place and continues until the availability of the Service is restored. To receive downtime credit, the User must notify BlueRithm in writing by e-mailing [email protected] within twenty-four (24) hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. BlueRithm will only apply a credit to the month in which the incident occurred. BlueRithm's blocking of data communications or other services in accordance with its policies shall not be deemed to be a failure of BlueRithm to provide adequate service levels under this Agreement.

b. MAINTENANCE. BlueRithm shall use reasonable efforts consistent with prevailing industry standards to maintain the Service in a manner that minimizes errors and interruptions in the Service and shall perform the maintenance in a professional and workmanlike manner. Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by BlueRithm or by third-party providers, or because of other causes beyond BlueRithm's reasonable control, but BlueRithm shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

c. TECHNICAL SUPPORT. BlueRithm will provide the User with reasonable technical support for the Service. BlueRithm will provide technical support to the User via both telephone and electronic mail on weekdays during the hours of 9:00 am Central Standard Time (CST) through 5:00 pm CST, with the exclusion of Federal Holidays ("Support Hours"). The User may initiate a helpdesk ticket during Support Hours by e-mailing [email protected]. BlueRithm will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.

5. PAYMENT OF FEES

a. FEES. The User will pay BlueRithm the then applicable fees described in the original order agreement for the Service and maintenance in accordance with the terms therein (the "Fees"). If the User's use of the Service exceeds the Service Capacity set forth on the original order agreement, or otherwise requires the payment of additional fees (per the terms of this Agreement), the User shall be billed for such usage. The User hereby agrees to pay the additional fees in the manner provided herein.

b. INVOICE. BlueRithm may choose to bill through an invoice over a subscription fee, in which case, full payment for invoices issued in any given month must be received by BlueRithm thirty (30) days after the mailing or e-mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all collection expenses, and may result in immediate termination of Service. The User shall be responsible for all taxes associated with Service other than U.S. taxes based on BlueRithm's net income.

c. ANNUAL INCREASE. An annual increase of 6% will be applied to the fees described in the original order agreement. This adjustment will be applied after twelve (12) months of consecutive use of the Service.

d. CHANGING THE FEES. BlueRithm reserves the right to change the Fees or applicable charges and institute new fees at the end of the Initial Service Term or then-current renewal term. BlueRithem will provide a thirty (30) days prior notice to the User (which may be sent by e-mail).

e. INCORRECT BILLING. If the User believes that BlueRithm has billed the User incorrectly, then the User must contact BlueRithm no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared to receive an adjustment or credit. Inquiries should be directed to BlueRithm's User Support Department by e-mailing [email protected].

6. AGREEMENT TERM

a. RENEWAL. Subject to earlier termination as provided below, this Agreement shall be binding for any applicable contract term between the User and BlueRithm. It shall binding indefinitely unless either party requests termination at least thirty (30) days before the end of the then-current term.

b. TERMINATION. In addition to any other remedies they may have, either party may also terminate this Agreement upon thirty (30) days'written notice ny e-mailing [email protected] (or without notice in the case of nonpayment) if the other party materially breaches any of the terms or conditions of this Agreement. The User will pay in full for the Service up to and including the last day on which the Service is provided. No refunds will be given for payments outside of thirty (30) days of payment. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. No other sections of this Agreement will survive termination.

7. WARRANTY AND LIMITATION OF LIABILITY

a. THE SERVICE, WEBSITES, AND USER CONTENT, WHETHER PROVIDED BY BLUERITHM, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICE AND WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, BLUERITHM DOES NOT WARRANT THAT:
i. THE INFORMATION AVAILABLE ON THE SERVICE AND WEBSITES IS FREE OF ERRORS;
ii. THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS;
iii. DEFECTS WILL BE CORRECTED; OR
iv. THE SERVICE AND WEBSITES, OR THE SERVER(S) THAT MAKE THE SERVICE AND WEBSITES, AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

b. IN NO EVENT SHALL BLUERITHM OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BODILY HARM, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND WEBSITES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICE AND WEBSITES, OR ANY LINK PROVIDED ON THE SERVICE AND WEBSITES, WHETHER OR NOT BLUERITHM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

c. NOTWITHSTANDING ANYTHING TO THE CONTRARY, BLUERITHM AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY:
i. FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS;
ii. FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;
iii. FOR ANY MATTER BEYOND COMPANY'S REASONABLE CONTROL; OR
iv. FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

d. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY THE USER OVER THE PAST TWLEVE (12) MONTHS FOR THE SERVICE OR WEBSITES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, ONE HUNDRED DOLLARS ($100).

e. BLUERITHM DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND WEBSITES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICE AND WEBSITES, AND BLUERITHM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE AND WEBSITES. BLUERITHM WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE USER VOLUNTARILY ASSUMES THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

8. INDEMNITY

a. THE USER AGREES TO INDEMNIFY, DEFEND, AND HOLD BLUERITHM AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF THE USER'S USE OF THE SERVICE AND WEBSITES, YOUR CONNECTION TO THE SERVICE AND WEBSITES, THE USER'S VIOLATION OF THE TERMS OR BLUERITHM'S PRIVACY POLICY, THE USER'S VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE SERVICE AND WEBSITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

9. MODIFICATION

a. OF SERVICES. BlueRithm reserves the right at any time to modify or discontinue, temporarily or permanently, the Service and Websites (or any part thereof), with or without notice. The User agrees that BlueRithm shall not be liable to the User or any third party for any modification, suspension, or discontinuance of the Service and Websites.

b. OF THIS AGREEMENT. BlueRithm reserves the right at any time to modify these Terms and Conditions, the Privacy Policy (LINK), or the User Agreement (or any part thereof), with or without notice. The User agrees that BlueRithm shall not be liable to the User or any third party for any such modification.

10. GENERAL TERMS

a. SEVERABILITY. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

b. TRANSFER. This Agreement is not assignable, transferable or sublicensable by User except with BlueRithm's prior written consent. BlueRithm may transfer and assign any of its rights and obligations under this Agreement without consent.

c. COMPLETE CONTRACT. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

d. RELATIONSHIP. No agency, partnership, joint venture, or employment is created as a result of this Agreement. The User does not have any authority of any kind to bind BlueRithm in any respect whatsoever.

e. ATTORNEYS FEES. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.

f. NOTICES. All notices under this Agreement will be in writing and will be deemed to have been duly given when received if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

g. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Minnesota.

11. QUESTIONS

a. If you have any questions regarding these Terms and Conditions, please contact us by calling 612-209-8962 or e-mailing [email protected].

Thank you for choosing to be part of our community at BlueRithm, LLC ("BlueRithm," "we," "us," or "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy or our practices regarding your personal information, please contact us by e-mailing [email protected].

When you visit our mobile application or web portal and use our Service, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we seek to explain to you in the most transparent way possible what information we collect, how we use it, and what rights you have concerning it. We hope you take some time to read through it carefully, as it is essential. If there are any terms in this privacy policy that you disagree with, please discontinue the use of our Apps and our Service.

This privacy policy applies to all information collected through applications ("Apps") or any related Service, sales, marketing, or events (we refer to them collectively in this privacy policy as the "Service").

Please read this privacy policy carefully, as it will help you make informed decisions about sharing your personal information with us.

---------------------------------------------------------------------------------------------------------------------

TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE USE YOUR INFORMATION?
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
5. HOW LONG DO WE KEEP YOUR INFORMATION?
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
7. DO WE COLLECT INFORMATION FROM MINORS?
8. WHAT ARE YOUR PRIVACY RIGHTS?
9. DATA BREACH
10. CONTROLS FOR DO-NOT-TRACK FEATURES
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
12. DO WE MAKE UPDATES TO THIS POLICY?
13. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
---------------------------------------------------------------------------------------------------------------------

CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

a. GENERALLY
i. In Short: We collect personal information that you provide to us.

ii. We collect personal information that you voluntarily provide to us when registering at the Apps, expressing an interest in obtaining information about us or our products and Service, when participating in activities on the Apps (such as posting messages in our online forums or entering competitions, contests, or giveaways), or otherwise contacting us. The personal information that we collect depends on the context of your interactions with us and the Apps, the choices you make, and the products and features you use. All personal information you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information. The personal information we collect can include the following:
1. Publicly Available Personal Information. We collect first name, maiden name, last name, nickname, phone numbers, e-mail addresses, business e-mail, business phone number, and other similar data.
2. Personal Information Provided by You. We collect passwords and other similar data.
3. Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (for example, a credit card number) and the security code associated with your payment instrument. Stripe stores all payment data. You may find their privacy policy link(s) here: https://stripe.com/privacy.

b. INFORMATION AUTOMATICALLY COLLECTED
i. In Short: Some information, such as IP address and browser and device characteristics, is automatically collected when you visit our Apps.

ii. We automatically collect certain information when you visit, use, or navigate the Apps. This information does not reveal your specific identity (like your name or contact information). Still, it may include device and usage information, such as your IP address, browser, and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Apps and other technical information. This information is primarily needed to maintain the security and operation of our Apps and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies. We collect online identifies, such as cookie identifiers or others such as the ones used for analytics, marketing, and other similar data.

c. INFORMATION COLLECTED THROUGH OUR APPS

i. In Short: We may collect information regarding your mobile device.

ii. We may collect information regarding your mobile device and push notifications when you use our apps. If you use our Apps, we may also collect the following information:
1. Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's camera, storage, and other features. If you wish to change our access or permissions, you may do so in your device's settings. Please note that changing your device's settings may impact functionality.
2. Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt out from receiving these types of communications, you may turn them off in your device's settings. Please note that changing your device's settings may impact functionality.

2. HOW DO WE USE YOUR INFORMATION?

a. In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and your consent.

b. We use personal information collected via our Apps for a variety of business purposes described below. We process your data for these purposes in reliance on our legitimate business interests to enter into or perform a contract with you, with your consent, and for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below. We use the information we collect or receive:
i. To facilitate account creation and logon process. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract;
ii. To send administrative information to you. We may use your personal information to send you product, Service, new feature information, or information about changes to our terms, conditions, and policies;
iii. To enforce our terms, conditions, and policies for Business Purposes, Legal Reasons, and Contractual;
iv. To respond to legal requests and prevent harm. If we receive a subpoena or other lawful request, we may need to inspect the data we hold to determine how to respond;
v. To manage user accounts. We may use your information to manage your account and keep it in working order;
vi. To deliver Service to the user. We may use your information to provide you with the requested Service;
vii. To respond to user inquiries and offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Service; or
viii. For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining our promotional campaigns' effectiveness, and evaluating and improving our Apps, products, marketing, and your experience. We may use and store this information in an aggregated and anonymized form to not be associated with individual end-users and not include personal information. We will not use identifiable personal information without your consent.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

a. In Short: We only share information with your consent, to comply with laws, to provide you with Service, to protect your rights, or to fulfill business obligations.

b. We may process or share data based on the following legal basis:
i. Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose;
ii. Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests;
iii. Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract;
iv. Legal Obligations: We may disclose your information where we are legally required to do so to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal processes, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements); pr
v. Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or act regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

c. More specifically, we may need to process your data or share your personal information in the following situations:
i. Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of BlueRithm assets, financing, or acquisition of all or a portion of our business to another BlueRithm;
ii. Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Apps. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and Services of interest to you; or
iii. Other Users. When you share personal information (for example, by posting comments, contributions, or other content to the Apps) or otherwise interact with public areas of the Apps, such personal information may be viewed by all users and may be publicly distributed outside the Apps in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Apps, and view your profile.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

a. In Short: We may use cookies and other tracking technologies to collect and store your information.

b. We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Our Cookie Policy (LINK) sets out specific information about how we use such technologies and how you can refuse certain cookies.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

a. In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

b. We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this policy will require us to keep your personal information for longer than six (6) months past the termination of the User's account.

c. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

a. In Short: We aim to protect your personal information through a system of organizational and technical security measures.

b. We have implemented appropriate technical and organizational security measures designed to protect any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, the transmission of personal information to and from our Apps is at your own risk. You should only access the Service within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

a. In Short: We do not knowingly collect data from or market to children under eighteen (18) years of age.

b. We do not knowingly solicit data from or market to children under eighteen (18) years of age. By using the Apps, you represent that you are at least eighteen (18) or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Apps. If we learn that personal information from users less than eighteen (18) years of age has been collected, we will deactivate the account and take reasonable measures to delete such data from our records promptly. If you become aware of any data we have collected from children under age eighteen (18), please contact us by e-mailing [email protected].

8. WHAT ARE YOUR PRIVACY RIGHTS?

a. In Short: In some regions, such as the European Economic Area, you have rights that allow greater access to and control of your personal information. You may review, change, or terminate your account at any time.

b. In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right:
i. to request access and obtain a copy of your personal information;
ii. to request rectification or erasure;
iii. to restrict the processing of your personal information; and
iv. if applicable, to data portability.

c. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

d. If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note, however, that this will not affect the lawfulness of the processing before its withdrawal.

e. If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, then you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

f. If you have questions or comments about your privacy rights, you may e-mail us at [email protected].

g. Account Information
i. If you would at any time like to review or change the information in your account or terminate your account, you can:
1. Log into your account settings and update your user account.
2. Contact us using the contact information provided.
ii. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use or comply with legal requirements.

h. Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove cookies and reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or Services of our Apps. To opt-out of interest-based advertising by advertisers on our Apps, visit http://www.aboutads.info/choices/.

i. Opting out of e-mail marketing: You can unsubscribe from our marketing e-mail list at any time by clicking on the unsubscribe link in the e-mails that we send or by contacting us using the details provided below. You will then be removed from the marketing e-mail list – however, we will still need to send you service-related e-mails necessary for the administration and use of your account. To otherwise opt-out, you may:

i. Access your account settings and update preferences.

ii. Contact us using the contact information provided.

9. DATA BREACH

a. A privacy breach occurs when unauthorized access to or collection, use, disclosure, or disposal of personal information. You will be notified about data breaches when BlueRithm believes you are likely to be at risk or serious harm. For example, a data breach may be likely to result in severe financial injury or damage to your mental or physical well-being. If BlueRithm becomes aware of a security breach that has resulted or may result in unauthorized access, use, or disclosure of personal information, BlueRithm will promptly investigate the matter and notify the applicable Supervisory Authority not later than seventy-two (72) hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

10. CONTROLS FOR DO-NOT-TRACK FEATURES

a. Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy.

11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

a. In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

b. California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

c. If you are under eighteen (18) years of age, reside in California, and have a registered account with the Apps, you have the right to request the removal of unwanted data that you publicly post on the Apps. To request the removal of such data, please contact us using the contact information provided below. Include the e-mail address associated with your account and a statement that you reside in California. We will ensure the data is not publicly displayed on the Apps, but please be aware that the data may not be completely or comprehensively removed from our systems.

12. DO WE MAKE UPDATES TO THIS POLICY?

a. In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.

b. We may update this privacy policy from time to time. The updated version will be indicated by an updated "Revised" date, and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

13. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

a. If you have questions or comments about this policy, you may contact our Data Protection Officer (DPO), Andrew Martin, by e-mail at [email protected], or by post to:

BlueRithm
333 Washington Ave N, Suite 300
Minneapolis, MN 55401
United States

14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

a. Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please visit https://bluerithm.com/contact. We will respond to your request within thirty (30) days.