Terms & Conditions
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY BLING CLOUD TECHNOLOGIES, INC. (“Bling”). BY MUTUALLY EXECUTING ONE OR MORE ORDER FORMS WITH Bling WHICH REFERENCE THESE TERMS (EACH, AN “ORDER FORM”), YOU (“CUSTOMER”) AGREE TO BE BOUND BY THESE TERMS (TOGETHER WITH ALL ORDER FORMS, THE “AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS. IN ADDITION, ANY ONLINE ORDER FORM WHICH YOU SUBMIT VIA Bling’S STANDARD ONLINE PROCESS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH ANY FREE TRIAL (AS DEFINED BELOW)) AND WHICH IS ACCEPTED BY Bling SHALL BE DEEMED TO BE MUTUALLY EXECUTED. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. TO THE EXTENT THESE TERMS CONFLICT WITH ANY ORDER FORM, SUCH ORDER FORM SHALL GOVERN.
Order Forms; Access to the Service; Free Trial.
Upon mutual execution, each Order Form shall be incorporated into and form a part of the Agreement. Subject to Customer’s compliance with the terms and conditions of this Agreement (including any limitations and restrictions set forth on the applicable Order Form), Bling grants Customer a nonexclusive, limited, personal, nonsublicensable, nontransferable right and license to internally access and use the Bling product(s) and/or service(s) specified in an Order Form (collectively, the “Service,” or “Services”) during the applicable Order Form Term (as defined below) only for Customer’s internal business purposes as provided herein and only in accordance with user documentation provided by Bling for such Service (the “Documentation”).
Bling may make the Service available to Customer on a trial basis free of charge (“Free Trial”), which will commence upon the date of Customer’s first use of the Service and shall continue for the trial period specified on the applicable Order Form or, if not specified thereon, otherwise communicated to the Customer in writing (email to suffice) (each, a “Trial Period”). Notwithstanding anything to the contrary in this Agreement, (i) the Service under the Free Trial is provided “AS-IS”, without warranty of any kind, (ii) Customer’s access to the Service may be limited, (iii) Bling shall not have any obligation to provide any support for the Service (including without limitation pursuant to Section 3 (Support & Maintenance)), and (iv) Bling shall have no obligations under Section 11 (Indemnification) or liability of any kind with respect to the Service for the Free Trial (unless such exclusion of liability is not enforceable under applicable law, in which case Bling’s liability with respect to the Service provided during the Free Trial shall not exceed $100.00). Bling will notify Customer before any Services Customer is then using begin carrying a fee. If Customer does not cancel its account prior to the end of a Trial Period, Customer shall be responsible for all applicable fees in accordance with Section 6. Customer shall be fully liable under this Agreement to Bling for any damages arising out of Customer’s use of the Service under the Free Trial, any breach by Customer of this Agreement and any of Customer’s indemnification obligations hereunder. In the event of a conflict between this Section 2 and any other portion of this Agreement, this Section 2 shall control. Either party may terminate the applicable Order Form without cause during the Trial Period immediately upon notice to the other party.
Support & Maintenance.
Subject to Customer’s payment of all applicable fees, Bling will use commercially reasonable efforts to provide support and maintenance for the Services.
From time to time, Bling may provide upgrades, patches, enhancements, or fixes for the Services to its customers generally without additional charge (“Updates”), and such Updates will become part of the Services and subject to this Agreement; provided that Bling shall have no obligation under this Agreement or otherwise to provide any such Updates. Customer understands that Bling may cease supporting old versions or releases of the Services at any time in its sole discretion; provided that Bling shall use commercially reasonable efforts to give Customer reasonable prior notice of any major changes.
As between the parties, Bling retains all right, title, and interest in and to the Services, and all software, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by Bling for the purposes of this Agreement, including any copies and derivative works of the foregoing. Any software which is distributed or otherwise provided to Customer hereunder (including without limitation any software identified on an Order Form) shall be deemed a part of the “Services” and subject to all of the terms and conditions of this Agreement. No rights or licenses are granted except as expressly and unambiguously set forth in this Agreement. Customer may (but is not obligated to) provide suggestions, comments or other feedback to Bling with respect to the Service (“Feedback”). Feedback, even if designated as confidential by Customer, shall not create any confidentiality obligation for Bling notwithstanding anything else. Bling acknowledges and agrees that all Feedback is provided “AS IS” and without warranty of any kind. Customer shall, and hereby does, grant to Bling a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose. Nothing in this Agreement will impair Bling’s right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with any products, software or technologies that Customer may develop, produce, market, or distribute.
Customer shall pay Bling the fees for the Service as set forth in each Order Form (“Fees”). Please see Bling’s Billing Policy, which is incorporated herein by reference, for additional details on how billing works. Unless otherwise specified in an Order Form, all Fees shall be invoiced annually in advance and all invoices issued under this Agreement are payable in U.S. dollars within thirty (30) days from date of invoice. Customer shall pay a late fee of past due invoices at the lesser of 1.5% per month or the maximum amount permitted by applicable law. Customer shall be responsible for all taxes associated with Service (excluding taxes based on Bling’s net income). Unless otherwise expressly agreed upon by the parties in accordance with the Cancellation and Refund Policy (which is incorporated herein by reference), all Fees paid are non-refundable and are not subject to set-off. If Customer exceeds any user or usage limitations set forth on an Order Form, then (i) Bling shall invoice Customer for such additional users or usage at the overage rates set forth on the Order Form (or if no overage rates are set forth on the Order Form, at Bling’s then-current standard overage rates for such usage), in each case on a pro-rata basis from the first date of such excess usage through the end of the Order Form Initial Term or then-current Order Form Renewal Term (as applicable), and (ii) if such Order Form Term renews (in accordance with the section entitled “Term; Termination”, below, such renewal shall include the additional fees for such excess users and usage.)
Except as expressly set forth in this Agreement, Customer shall not (and shall not permit any third party to), directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service (except to the extent applicable laws specifically prohibit such restriction); (ii) modify, translate, or create derivative works based on the Service; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service; (iv) use the Service for the benefit of a third party; (v) remove or otherwise alter any proprietary notices or labels from the Service or any portion thereof; (vi) use the Service to build an application or product that is competitive with any Bling product or service; (vii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (viii) bypass any measures Bling may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (ix) “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Service (or any information, data or content made available through the Service), whether through use of manual or automated means; (x) use the Service in a manner that is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (xi) jeopardize the security of any Customer Bling account or anyone else’s account (such as allowing someone else to log in to the Services as you); (xii) attempt, in any manner, to obtain the password, account, or other security information from any other user; (xiii) violate the security of any computer network, or cracks any passwords or security encryption codes; or (xiv) run Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while Customer is not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure). Customer is responsible for all of Customer’s activity in connection with the Service, including but not limited to uploading Customer Data (as defined below) onto the Service. Customer (a) shall use the Service in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with Customer’s use of the Service (including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws), (b) shall not use the Service in a manner that violates any third party intellectual property, contractual or other proprietary rights, and (c) shall use the Service in accordance with Bling’s Fair Use Policy, which is available below.
Bling treats all messaging transmitted via the Service as Application-to-Person (“A2P”) messaging. All A2P messages originating from Bling are subject to this Messaging Policy. Customer is responsible for any person to which it provides the ability to send messages through Bling.
Consent/Opt-in Requirements. Prior to sending the first message to each recipient, Customer must obtain consent from the recipient to communicate with them. Customer must make clear to the recipient that he/she is agreeing to receive the type of messages Customer plans to send. If Customer does not send the initial message to the recipient within a reasonable period after receiving consent, then Customer must reconfirm consent in the first message sent to that recipient. Consent is limited to the specific use or campaign to which the recipient has consented, and Customer may not send additional messages about other uses or campaigns unless Customer has received consent from the recipient for such additional messages. Customer must keep a record of each consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow.
Periodic Messages and Ongoing Consent. If Customer intends to send messages to a recipient on an ongoing basis, Customer must confirm the recipient’s consent by offering him/her a clear reminder of how to unsubscribe from those messages using standard opt-out language (defined below). Customer must comply with the recipient’s preferences on frequency of contact.
Identifying Customer as the Sender. Every message Customer sends must clearly identify as the sender the party that obtained the consent/opt-in from the recipient, except in follow-up messages of an ongoing conversation.
Opt-out Requirements. The initial message Customer sends to a recipient must include the following language: “Reply STOP to unsubscribe” or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT. Customer must provide recipients with the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, Customer may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are prohibited.
As part of the Service, Customer may receive communications through the Service, including messages that Bling sends Customer (for example, via email or SMS). By signing up for the Service and providing Bling with Customer’s wireless number, Customer confirms that Customer wants Bling to send Customer information regarding Customer’s account or transactions with Bling or that Bling thinks may be of interest to Customer, which may include Bling using automated dialing technology to text Customer at the wireless number Customer provided, and Customer agrees to receive communications from Bling, and Customer represents and warrants that each person Customer registers for the Service or for whom Customer provides a wireless phone number has consented to receive communications from Bling. Customer agrees to indemnify and hold Bling harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to Customer’s breach of the foregoing.
For purposes of this Agreement, “Customer Data” shall mean any data, information or other material provided, uploaded, or submitted by Customer to the Service in the course of using the Service. Customer shall retain all right, title and interest in and to the Customer Data, including all intellectual property rights therein. Customer, not Bling, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data. Bling shall use commercially reasonable efforts to maintain the security and integrity of the Service and the Customer Data. Bling is not responsible to Customer for unauthorized access to Customer Data or the unauthorized use of the Service unless such access is due to Bling’s gross negligence or willful misconduct. Customer is responsible for the use of the Service by any person to whom Customer has given access to the Service, even if Customer did not authorize such use. Customer agrees and acknowledges that Customer Data may be irretrievably deleted ninety (90) days after this Agreement is terminated or Customer’s account is delinquent. Notwithstanding anything to the contrary, Customer acknowledges and agrees that Bling may (i) internally use and modify (but not disclose) Customer Data for the purposes of (A) providing the Service to Customer and (B) generating Aggregated Anonymous Data (as defined below), and (ii) freely use and make available Aggregated Anonymous Data for Bling’s business purposes (including without limitation, for purposes of improving, testing, operating, promoting and marketing Bling’s products and services). “Aggregated Anonymous Data” means data submitted to, collected by, or generated by Bling in connection with Customer’s use of the Service, but only in aggregate, anonymized form which can in no way be linked specifically to Customer.
Bling will retain each phone number under Customer’s account for no more than seven (7) days after this Agreement is terminated or Customer’s account is delinquent. If any user’s access to the Services is suspended or terminated under Customer’s account due to a violation of this Agreement, Bling reserves the right, in its sole discretion, to release such user’s phone number (i.e., make it available for another user’s use) and delete all data associated with such user’s account and phone number (including without limitation call and message history and call recordings) after seven (7) days.
Third Party Services.
Customer acknowledges and agrees that the Service may operate on, with or using application programming interfaces (APIs) and/or other services operated or provided by third parties (“Third Party Services”), including without limitation through integrations or connectors to such Third Party Services that are provided by Bling. For example, the Services are dependent on Twilio Inc for messaging and third party stores from which Customer downloads Bling’s mobile application, e.g., the App Store from Apple, Inc. or the Android app market from Google LLC (each, an “App Store”). Bling is not responsible for the operation of any Third Party Services nor the availability or operation of the Service to the extent such availability and operation is dependent upon Third Party Services. Customer is solely responsible for procuring any and all rights necessary for it to access Third Party Services (including any Customer Data or other information relating thereto) and for complying with any applicable terms or conditions thereof, including without limitation the Twilio Messaging Policy available at https://www.twilio.com/legal/messaging-policy and Twilio’s Forbidden Messages Policy available at https://support.twilio.com/hc/en-us/articles/360045004974-Forbidden-Message-Categories-for-SMS-and-MMS-in-the-US-and-Canada. Bling does not make any representations or warranties with respect to Third Party Services or any third party providers. Any exchange of data or other interaction between Customer and a third party provider is solely between Customer and such third party provider and is governed by such third party’s terms and conditions. To the extent the terms and conditions from an App Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply. Through Bling’s mobile application, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at and http://play.google.com/intl/en_us/about/play-terms.html). Bling is not a party to any In-App Purchase.
These Terms apply to your use of all the Services, including Bling’s iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application: (i) both Customer and Bling acknowledge that the Terms are concluded between Customer and Bling only, and not with Apple, and that Apple is not responsible for the Application or the Content; (ii) the Application is licensed to Customer on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for Customer’s internal, personal use, subject to all the terms and conditions of these Terms as they are applicable to the Services; (iii) Customer will only use the Application in connection with an Apple device that Customer owns or controls; (iv) Customer acknowledges and agrees that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (v) in the event of any failure of the Application to conform to any applicable warranty, including those implied by law, Customer may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to Customer will be to refund to Customer the purchase price, if any, of the Application; (vi) Customer acknowledges and agrees that Bling, and not Apple, is responsible for addressing any claims Customer or any third party may have in relation to the Application; (vii) Customer acknowledges and agrees that, in the event of any third-party claim that the Application or Customer’s possession and use of the Application infringes that third party’s intellectual property rights, Bling, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; (viii) Customer represents and warrants that Customer is not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that Customer is not listed on any U.S. Government list of prohibited or restricted parties; (ix) both Customer and Bling acknowledge and agree that, in Customer’s use of the Application, Customer will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and (x) both Customer and Bling acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon Customer’s acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against Customer as the third-party beneficiary hereof.
Term; Termination. This Agreement shall commence upon the Order Form Start Date set forth in the first Order Form, and, unless earlier terminated in accordance herewith, shall last until the expiration of all Order Form Terms. For each Order Form, unless otherwise specified therein, the “Order Form Term” shall begin as of the Order Form Start Date set forth on such Order Form, and unless earlier terminated as set forth herein, (x) shall continue for the initial term specified on such Order Form (the “Order Form Initial Term”), and (y) following the Order Form Initial Term, shall automatically renew for additional successive periods of equal duration to the Order Form Initial Term (each, a “Order Form Renewal Term”) unless either party notifies the other party of such party’s intention not to renew no later than thirty (30) days prior to the expiration of the Order Form Initial Term or then-current Order Form Renewal Term, as applicable. Customer may terminate this Agreement and cancel its subscription at any time in accordance with the “Canceling Your Bling Subscription” section of Bling’s Cancellation and Refund Policy. Except for Customer’s missed payments (which shall be resolved in accordance with the “Missed/Failed Payment” section of the Cancellation and Refund Policy), Bling is free to terminate (or suspend access to) Customer’s use of the Services or Customer’s account for any reason in Bling’s discretion, including Customer’s breach of this Agreement. Bling has the sole right to decide whether Customer is in violation of any of the restrictions set forth in these Terms. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, accrued payment obligations, ownership provisions, warranty disclaimers, indemnity and limitations of liability. In the case of expiration or termination of this Agreement, upon request by Customer made before, or within thirty (30) days after, the effective date of expiration or termination, Bling may make available to Customer a complete download of all Customer Data in a file or database format in Bling’s discretion. For clarity, any services provided by Bling to Customer, including the data export set out above, and any assistance in exporting the Customer Data, shall be billable at Bling’s standard rates then in effect.
Each party (“Indemnitor”) shall defend, indemnify, and hold harmless the other party, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives (collectively, the “Indemnitee”) from all liabilities, claims, and expenses paid or payable to an unaffiliated third party (including reasonable attorneys’ fees) (“Losses”), that arise from or relate to any claim that (i) in the case of Customer as Indemnitor, the Customer Data or Customer’s use of the Service infringes, violates, or misappropriates any third party intellectual property or proprietary right or violates any applicable law, or (ii) in the case of Bling as Indemnitor, the Service infringes, violates, or misappropriates any third party intellectual property or proprietary right. Each Indemnitor’s indemnification obligations hereunder shall be conditioned upon the Indemnitee providing the Indemnitor with: (i) prompt written notice of any claim (provided that a failure to provide such notice shall only relieve the Indemnitor of its indemnity obligations if the Indemnitor is materially prejudiced by such failure); (ii) the option to assume sole control over the defense and settlement of any claim (provided that the Indemnitee may participate in such defense and settlement at its own expense); and (iii) reasonable information and assistance in connection with such defense and settlement (at the Indemnitor’s expense). The foregoing obligations of Bling do not apply with respect to the Service or any information, technology, materials or data (or any portions or components of the foregoing) to the extent (i) not created or provided by Bling (including without limitation any Customer Data), (ii) made in whole or in part in accordance to Customer specifications, (iii) modified after delivery by Bling, (iv) combined with other products, processes or materials not provided by Bling (where the alleged Losses arise from or relate to such combination), (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) Customer’s use of the Service is not strictly in accordance herewith.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 12, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Limitation of Liability.
EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS AND FOR CUSTOMER’S BREACH OF SECTION 7 (RESTRICTIONS), IN NO EVENT SHALL EITHER PARTY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE FEES PAID (OR PAYABLE) BY CUSTOMER TO Bling HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO A CLAIM HEREUNDER.
This Agreement represents the entire agreement between Customer and Bling with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Customer and Bling with respect thereto. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in San Francisco, California in English and in accordance with the JAMS Streamlined Arbitration Rules & Procedures then in effect. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator(s), provided that a permanent injunction and damages shall only be awarded by the arbitrator(s). In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees. The prevailing party will be that party who may be fairly said by the arbitrator(s) to have prevailed on the major disputed issues. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Notices must be sent to the contacts for each party set forth on the Order Form. Either party may update its address set forth above by giving notice in accordance with this section. Except as otherwise provided herein, no modification or amendment of any provision of this Agreement shall be effective unless agreed by both parties in writing, and no waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party. Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including, without limitation, the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes lock-outs or labor disruptions; pandemics; epidemics; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts. Neither party may assign any of its rights or obligations hereunder without the other party’s consent; provided that (i) either party may assign all of its rights and obligations hereunder without such consent to a successor-in-interest in connection with a sale of substantially all of such party’s business relating to this Agreement, and (ii) Bling may utilize subcontractors in the performance of its obligations hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. Customer agrees to allow Bling to use and display Customer’s name and logo on Bling’s website and in Bling’s promotional materials to identify Customer as a customer. If any provision of this Agreement is held to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. The failure of either party to act with respect to a breach of this Agreement by the other party shall not constitute a waiver and shall not limit such party’s rights with respect to such breach or any subsequent breaches. Except as expressly set forth in the Apple Application terms set forth in Section 9(b), Customer and Bling agree there are no third-party beneficiaries intended under this Agreement.
Bling will charge the customer’s credit card on the day when they choose to upgrade to a paid plan. The charges would be placed either monthly or annually based on what the customer opted for while upgrading. For any add ons that were purchased on a later date, the charges would be placed starting the date when the add ons were purchased and will follow a monthly billing cycle unless it was differently communicated by the sales team. The total billing amount would be based on the pricing that was offered inside our product at the time of purchase unless it was differently communicated by the sales team.
Cancellation & Refund Policy:
We strive to be clear and transparent with our cancellation and refund policies.
Canceling your subscription
If you would like to cancel your (also known as “Customer’s” in the Terms of Service) Bling subscription you can do so by following the steps here. You will not be refunded for any time remaining on your subscription and your account will remain active until the end of your current billing period.
If you cancel your subscription, we will hold your phone number(s) for you for no more than seven (7) days, at which point we may release your number(s).
If you'd like to port your phone number(s) away from Bling to another service, please let us know and we will hold onto the number(s) for you throughout the porting process. You can contact us at email@example.com for more information.
In the case of a missed or failed payment, you will receive a follow-up email and text message from us notifying you of the missed or failed payment, and we will attempt to charge the credit card on file five (5) times. If we are unable to charge the credit card on file, we will cancel your subscription.
If you'd like to keep your account active but are unable to make a payment, please let us know immediately. In certain cases, we'll be able to freeze your subscription for up to three (3) months. We make these decisions on a case-by-case basis at our sole discretion.
Failure to update your billing information when necessary (e.g., a change of address or a new credit card) will result in your subscription being canceled. We will hold your phone number(s) for no more than seven (7) days, at which point we may release your number(s). While your subscription is inactive, you will receive all missed calls, texts, and voicemails up until the point that your number(s) is released; however, you will not be able to make calls or send text messages.
If your subscription has been canceled and you'd like to restart your subscription, please log back into your Bling account and upgrade.
Violation of Terms of Service
If your account is found to have violated our Terms of Service, we will cancel your subscription and we will not be issuing you a refund.
Given the cost to maintain your account and phone number(s), we're unable to offer any refunds. We want users to be completely satisfied with using Bling, so we may make exceptions in some cases.
Note: we will never make exceptions in cases in which a customer has violated our Terms of Service.
If you have any other questions, please contact us at firstname.lastname@example.org. We're happy to help!
Fair Usage Policy:
Bling is dedicated to providing a safe way for users to send and receive messages, and in order to achieve that goal, we do not permit certain types of content or messaging on our platform.
This Fair Use Policy is meant to ensure that our users stay protected. All capitalized terms used herein without definition will have the same meanings set forth in the above section, into which this Fair Use Policy is incorporated.
Bling reserves the right to impose limits and charge overages on your usage of the Services or to terminate your use of the Services at any time in our discretion. Bling will do so if we reasonably believe that your usage, including, but not limited to, the total number of text messages you send, the number of minutes you use, and/or the number of devices you use are not consistent with normal, fair, and reasonable use of the Services, or if you breach any rules in this Fair Use Policy. Whenever reasonably possible, we will give you written notice of your excess usage or breach of the rules contained herein before taking any such action, and allow a reasonable period to allow you to modify your use.
Rules for Messaging on Bling
Customer shall not use the Service to send:
Messages which are obscene, defamatory, threatening, intimidating, harassing, hateful, exploitative, abusive, racially or ethnically offensive, or which instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm;
Fraudulent messages, including but not limited to impersonation, misrepresentation, scams, phishing, or any deceptive messages used to lure consumers into providing their or another person’s personal information, including but not limited to medical, health or financial information;
Malicious content, including but not limited to malware or viruses;
Messages relating to the offer, promotion or sale of cannabis, CBD or vape products, regardless of whether or not those messages explicitly contain cannabis terms, images, or links to cannabis websites;
Messages relating to the offer, promotion or sale of prescription medication;
Messages relating to the offer, promotion or sale of gambling, including but not limited to references or links to casino apps or gambling websites;
Messages relating to the offer, promotion or sale of adult services;
Messages relating to the offer, promotion or sale of firearms;
Messages relating to high-risk financial services, including but not limited to payday loans, short-term high-interest loans, third-party (i.e. originating from any party other than the one which will service the loan) loans, student loans, or cryptocurrency;
Messages relating to third-party lead generation services that buy, sell, or share consumer information;
Messages relating to debt collection or forgiveness, including but not limited to third-party (i.e. originating from any party other than the one which will service the loan) debt collection, debt consolidation, debt reduction, or credit repair programs;
Messages relating to “get rich quick schemes”, including but not limited to deceptive work-from-home programs, risk investment opportunities, or pyramid schemes;
Messages relating to the sale of fireworks or explosives.
Rules for Dialing out / TCPA Compliance:
Customer agrees to use the Services in accordance with all applicable federal, state, and local laws and regulations and industry standards. Without limiting the generality of the foregoing, Customer will use the Services in compliance with the Telephone Consumer Protection Act of 1991 (“TCPA”) and all regulations implementing the TCPA, other teleservices laws and regulations, and privacy and data security laws and regulations.
Customer acknowledges that all calls are recorded on the platform. Without limiting the generality of the foregoing, Customer agrees to comply with all state recording and wiretapping laws.
Customer bears sole responsibility for compliance with applicable laws and regulations and sole liability for any and all communications sent using the Services.
For any additional enquiries, we can be contacted by below means:
Bling Cloud Technologies Inc.
386 S Burnside Ave, 5D
Los Angeles, CA 90036
Telephone: +1 408 475 7072