Blaze Terms of Service
By using the Blaze.me web site (“Service”), or any services of Blaze Solutions, Inc. (“Blaze”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Blaze reserves the right to update and change the Terms of Service from time to time without notice. Any new features that are added to the current Service shall also be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the User Agreement at any time at: http://Blaze.me/terms. You should review the Terms of Service from time to time for updates and changes.
Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.
- You must be 18 years or older to use this Service.
- You must provide your full name, a valid email address, and any other information requested in order to complete the signup process.
- Your username and password may only be used by one person.
- You are responsible for keeping your account and password secure. Blaze cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all Content and activity that occurs under your Service account.
- You may not use the Service for any illegal or unauthorized purpose.
- You must not violate any laws in your jurisdiction by using the Service.
- Blaze provides its Enterprise Resource Planning platform (collectively “Services”) to you pursuant to these Terms of Service (this “Agreement”). By entering into a Services order form (or other ordering document, engagement letter, or quote referencing this Agreement) (each an “Order Form”) with Blaze or otherwise registering for, accessing or using the Services, you unconditionally accept and agree to all of the terms of this Agreement.
- By entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the terms of this Agreement, and, accordingly, the terms “you” shall refer to such entity and its affiliates. If you do not have such authority, or you do not agree to all of the terms of this Agreement, you may not use the Services.
- Subject to the terms of this Agreement, Blaze shall provide you (a) the Services in accordance with the terms and limitations of each Order Form and hereby grants you a non-exclusive right to access and use the Services during the Term (defined herein).
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
- Blaze shall own and retain all right, title and interest in and to (a) the Services and Software, and all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Services, Hardware or support, and (c) all intellectual property rights related to any of the foregoing.
- Technical support is only provided to paying account holders and is only available subject to the terms of your sales contract with Blaze.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Blaze.
- Blaze will use best efforts and practices to maintain our software compliant with state regulations as set forth in official published regulations.
- The failure of Blaze to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Blaze and govern your use of the Service, superseding any prior agreements between you and Blaze (including, but not limited to, any prior versions of the Terms of Service).
- Verbal, physical, written or other abuse (including threats of abuse) of any Blaze customer, employee, member, or officer may result in immediate account termination.
- Blaze reserves the right to refuse service to anyone for any reason at any time.
- Blaze reserves the right to modify or terminate the Service for any reason, with or without notice, at any time.
Modifications to the Service and Prices
- Blaze reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Blaze will announce via email substantive changes to these Terms of Service.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. If your subscription is not monthly, then no later than 30 days prior to the end of the subscription term. Such notice may be provided at any time by posting the changes to the Service site (Blaze.me) or the Service itself.
- Blaze shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Term, Payments, Refunds, Upgrading and Downgrading
- Unless Blaze chooses to bill through an invoice, you will be required to provide Blaze (or its payment processor) with information regarding your credit card or other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update its account information with any changes that may occur.
- You will pay Blaze the fees described in the applicable Order Form(s) for the Services and Hardware in accordance with the terms therein (the “Fees”), and you hereby authorizes Blaze to bill its payment instrument on a recurring basis as set forth in such Order Form for such Fees. You will be able to manage your payment method and profile via our self-service billing console (app.blaze.me/billing). You will be invoiced on the first of each month. You will have 15 days to pay your bill without incurring a 10% late fee charge. Accounts that are thirty (30) days past due will be deactivated.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- The length (“Term”) of your Service is set forth in your initial Order Form.
- 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 expenses of collection and may result in immediate termination of the Services.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Blaze does not accept any liability for such loss.
- If you believe that Blaze has billed you incorrectly, you must contact Blaze no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to support@Blaze.me.
Cancellation and Termination
- You are solely responsible for properly canceling your account. You can cancel your account at any time after your contract term has expired by sending an email to email@example.com requesting the cancellation.
- All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- Your cancellation will take effect at the end of the following month after the cancellation (e.g. if you cancel on 7-25-19, your cancellation will be effective on 8-31-19). Unpaid and outstanding subscription fees will be charged upon cancellation.
- Verbal, physical, written or other abuse (including threats of abuse) of any Blaze customer, employee, member, or officer will result in immediate account termination.
- Blaze reserves the right to modify or terminate your Service for any reason. Blaze will provide a 30-day notice for business related terminations. Blaze reserves the right to terminate service for licensee breach of this agreement, with or without notice, at any time.
Warranties and Limitation of Liabilities
- You expressly understand and agree that Blaze shall not be liable under any contract, tort (including negligence), strict liability or other legal or equitable theory for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Blaze has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) your activation of third-party vendors integrated with Blaze products; (vi) or any other matter relating to the service.
- Subject to the terms and conditions of the Service Level Agreement (SLA) Blaze does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
- YOU ACKNOWLEDGE THAT NEITHER BLAZE NOR ITS THIRD-PARTY PROVIDERS CONTROLS THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. BLLAZE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES AND HARDWARE ARE PROVIDED “AS IS” AND BLAZE AND ITS THIRD-PARTY VENDORS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Notwithstanding anything to the contrary, Blaze disclaims all warranties, liabilities, losses and other issues that arise from use of hardware not purchased from or expressly authorized by Blaze. Blaze, in its sole discretion, may provide support for such hardware, but does not have any obligation to do so.
General Privacy Issues
- You understand that your Content will be transferred encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Blaze will use best practices for storing, encrypting and securing data.
- You understand that Blaze uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You hereby grant to Blaze a limited, non-exclusive, worldwide license to use your Customer Content solely to provide the Services to you. “Customer Content” means any data, information and other material provided or uploaded directly to Blaze by you or your end-users in the course of receiving or using Services.
- You retain ownership of all content that you provide to the Service. However, you agree to allow others to view your public content, including but not limited to Menus. Blaze will not sell, share, or distribute any of your identifiable data without your explicit permission. Your data will be fully exportable in real time. You will be solely responsible for the accuracy, quality, integrity and legality of your Content.
- Notwithstanding anything to the contrary, Blaze shall have the right to collect and analyze data and other information relating to the use and performance of various aspects of the Services and related systems and technologies. Blaze retains all rights to the anonymized data generated by the service. Blaze will retain the right to (i) use such information and data (during and after the term hereof) to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Blaze products, and (ii) use and disclose such data in aggregated or de-identified form for marketing purposes and otherwise in connection with its business.
- Blaze will, from time to time, share your contact information (name, address, email, phone, principal contact) with our third-party Partners. We maintain an active Partnership relationship with various third-party vendors in the industry. Those partnerships are listed on our Partnership page. While Blaze is responsible for maintaining operational effectivity of our integrations with theses third-party partners, Blaze cannot accept responsibility for your third-party business relationships or the success of any introductions we may facilitate.
- You hereby grant Blaze permission to use your name and/or logo in any Blaze marketing materials.
Miscellaneous Legal Stuff
- 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.
- This Agreement is not assignable, transferable or sublicensable by either party, except with the other party’s prior written consent.
- Notwithstanding the foregoing, either party may transfer and assign any of its rights and obligations under this Agreement without consent to a successor to, or acquirer of, all or substantially all of the assets of the business to which this Agreement relates.
- 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 all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
- No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind Blaze in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
- 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.
- This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provision.
- You may not remove or export from the United States or allow the export or re-export of the Services, Hardware, 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.
- Questions about the Terms of Service should be sent to Blaze customer support at support@Blaze.me.
- These Terms and Conditions were last updated and became effective on 10-21-2019.