Welcome and thank you for your interest in BIXI!
This Agreement (this “Agreement”) is a legal agreement between you, an individual, and Bluemint Labs company, regarding the use of Bixi: Hardware/ Software (“the Product”), which includes any updates thereto and any user documentation provided in paper /electronic form .
BY DOWNLOADING, INSTALLING, OR USING BIXI (SOFTWARE, HARDWARE) YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE IT, AND INSTEAD, EXIT AND UNINSTALL THE SOFTWARE FROM YOUR DEVICE. IF YOU DO NOT ACTIVATE OR USE THIS SOFTWARE, PLEASE DESTROY OR DELETE ALL COPIES IN YOUR POSSESSION
As used in these Terms and Conditions, “we” or “us” means Bluemint Labs, LLC and its parent companies, affiliates, subsidiaries, directors, managers, employees, agents or Bluemint Labs’s suppliers.
Product Usage. Bluemint Labs is not responsible for how you use Bluemint Labs Products, how this might affect you, and the risks that you are exposed to due to the usage of Bluemint Labs Products, and you release us, our directors, officers, employees, agents and Bluemint Labs’s suppliers from any claims and damages, known and unknown, arising out of or in any way connected to your use of Bluemint Labs Products.
- You acknowledge and agree that Bluemint Labs Products and Service are not manufactured, designed or authorized for use and shall not be used, sold for use, or incorporated into modules for use in any medical application or life support or safety equipment or any application where performance of the product (either by itself or in conjunction with other components) can result in personal injury or death. Any use or sale or incorporation into modules of Bluemint Labs products shall be fully at your own risk.
- You agree to NOT use Bluemint Labs Products where Product Failure might lead to personal injuries, deaths, damage to or destruction of tangible property, or where Product Failure risks your or anyone else’s personal health in any way.
- You confirm that you are aware of and fully understand that Bluemint Labs Products will NOT function at all times and that Product Failure will occasionally occur. (For example, you confirm that you understand that using the Bixi will not always trigger your desired action or functionality.) This includes, but does not limited to, use of Bluemint Labs products in relation to health or safety.
- Bluemint Labs strongly advise you to always verify that the use of Bluemint Labs Products gives you the expected results.
Indemnity You shall indemnify and hold harmless, Bluemint Labs and any of its directors, officers, employees, agents and Bluemint Labs’s suppliers from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including attorneys’ fees), which are caused by, are related to, or arise out of usage of Bluemint Labs Products, claims of Bluemint Labs Products liability or similar claim regarding the marketing, manufacturing, performance or design of Bluemint Labs Products, including, but not limited to, any failure or alleged failure to warn of a hazard, defect, or alleged hazard or alleged defect of a Product, which results in personal injury, including death, or damage to or destruction of tangible personal property. You will cooperate as fully required by Bluemint Labs in the defense of any claim. Bluemint Labs reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Bluemint Labs.
Your assumption of risk. Your use of this Product is at your sole risk. If you believe this Product distracts you – stop using this Product immediately.
Risks Associated with BIXI. BIXI provides an interface that allows you to operate your device through gesture recognition. BIXI can be used while driving a vehicle (Car / Bike and other vehicles). BIXI may access applications or other materials on your device provided by you or third parties (collectively, “Third Party Content”), and BlueMint Labs is not responsible in any way for your use of Third Party Content and any resulting damages. For instance, Bluemint Labs is not responsible for any incorrect or dangerous map directions the Software may access from other applications on your device. You choose to use the Software at your own risk. You must comply with all laws regarding use of devices in motor vehicles. You must drive in accordance with all road conditions, traffic laws, and police instructions. Bluemint Labs is not responsible for any property damage, personal injury, death, or other damages you or others may cause in any way related to your use of BIXI or motor vehicles.
Third-Party Content. You may wish to download any third-party applications to use with the Product. We are not responsible for and make no representations or warranties regarding the content or functionality of these third-party applications or the privacy practices of such third-party developers. If you use any third-party applications in connection with your use of the Product, then you do so at your own risk.
Disclaimer of certain damages. Your use of the Product is at your own risk. If you are dissatisfied with the Product’s performance in any way, your sole remedy is to discontinue use of the Product. In no event will we be liable for any damages whatsoever (including, but not limited to, incidental, exemplary and consequential damages, lost profits, or damages resulted from lost data or business interruption) resulting from the use or inability to use the Product, whether based on warranty, contract, tort or any other legal theory, and whether or not we are or were advised of the possibility of such damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Product sold as is. We provide the Product “as is”, “as available” and “with all faults” basis. Neither Bluemint Labs nor any of our directors, officers, employees, agents and Bluemint Labs’s suppliers do not warrant that the Product will meet your requirements and do not guarantee any level of performance. The entire risk as to satisfactory quality, performance, accuracy, effort and cost of the Product, if any, is with you.
Limitation of Liability; Waiver. Under no circumstances will the Bluemint Labs be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Service; (b) your use of, inability to use, or the performance of the Service or Bluemint Labs Products; (c) any action taken in connection with an investigation by Bluemint Labs or law enforcement authorities regarding your or any other party’s use of the service; (d) any action taken in connection with copyright or other intellectual property owners; (e) any errors or omissions in the service’s operation; or (f) Product Failure. In no event will the Bluemint Labs parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. In no event will the Bluemint Labs parties total liability to you for all damages, losses or causes or action exceed twenty five united states dollars ($25.00). EVEN IF BLUEMINT LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.
- Any arbitration award shall be final and binding and may, if necessary, be enforced by any court or authority having jurisdiction. The arbitration award and the arbitration proceedings shall be governed by confidentiality.
Feedback. If you provide any feedback to Bluemint Labs concerning the functionality and performance of the Product (including identifying potential errors and improvements) (“Feedback”), you hereby grant to Bluemint Labs the unrestricted right to use your Feedback without payment to you for any purpose, including to improve the Software/Hardware and create other products and services.
Remote Disable. The Software may contain a feature that allows Bluemint Labs to remotely disable the Software, for instance to ensure that you do not use the Software longer than the term of your license to use the Software. Following a remote disable, the Software may cease to function in some or all respects, and you may lose access to data made with or stored using the Software. The disabling of the Software is a key feature of the license rights and responsibilities conveyed under this Agreement.
Term and Termination. This Agreement will be effective upon the earlier of your execution of this Agreement or use of the Software. This Agreement will terminate immediately upon notice from Bluemint Labs. Bluemint Labs’s rights and your obligations will survive the termination of this Agreement. Upon termination of this Agreement by Bluemint Labs, you will destroy or delete all copies of the Software from any of your devices.
© Bluemint Labs LLC, 2016-2017