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. BLAZE® will provide a five (5) day advance notice of the implementation of any change to the Terms of Service. 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 this 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.
- You must at all times be, and you represent you are, legally organized, in good standing and operating in Compliance with the laws of your State.
- You must obtain, and maintain at all times, the required local business licenses, Seller’s Permits, Tax collection permits, and collect and remit Municipal and State sales tax in full as required by law.
- You must make such licenses and permits available for inspection by BLAZE® upon reasonable request.
- If you offer medical cannabis products, you must obtain every member’s and user’s medical cannabis physician recommendation and verify its authenticity and the physician’s legal standing to issue such recommendation before you engage in commercial transactions with the respective member or user.
- You must only acquire, possess, and distribute lawfully cultivated cannabis.
- You must take all reasonable steps to prohibit distribution and sales of cannabis products to non- members or non-customers.
- You must provide adequate security to ensure that customers and members are safe and protect the surrounding community.
- BLAZE® provides its Enterprise Resource Planning platform (collectively “Services”) to you pursuant to these Terms of Service (this “Agreement”). By entering into a Software Services License Agreement (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 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 (the “platform”), 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 or service 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, SMS’s, or “spam” messages. You agree that the recipient of any SMS or email communications you generate from our platform has been specifically authorized by such recipient (i.e., the recipient has explicitly “opted in” to receive such communications).
- You must not transmit SMS messages that contain unlawful content nor content which violates the terms and conditions of our SMS provider. There will be no credits issued for content which is “flagged” as violative of those terms by the SMS provider and not forwarded to your intended recipients.
- 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.
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 or other electronic communication substantive changes to these Terms of Service.
- Prices of all Services, including but not limited to monthly subscription plan and plug-in fees to the Service, are subject to change upon 60 days’ notice from us. Such notice may be provided at any time by posting the changes to the Service site (BLAZE.me) or the Service itself. Such subscription pricing change, if any, will become effective with the next subscription term. Plug in pricing changes will become effective with the next month’s billing cycle.
- Unless terminated no later than 30 days prior to the end of the Term, the monthly subscription (and plugins) will automatically renew for an additional Term, unless otherwise specifically set forth in your Order Form.
- 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
- BLAZE® is a subscription-based Software as a Service with a base 12-month term subscription, unless otherwise specifically set forth in your Order Form. In addition to the subscription, we offer optional monthly plugins and services that are billed on a monthly and prepaid basis. Your monthly subscription cost will be the combination of your subscription fee and plugins. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- YOU ARE RESPONSIBLE FOR THE ENTIRE BALANCE OF SUBSCRIPTION FEES FOR THE ENTIRE TERM OF YOUR AGREEMENT. EARLY TERMINATION DOES NOT ABSOLVE YOU OF YOUR RESPONSIBILITY.
- 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 your BLAZE® 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 authorize BLAZE® to bill your payment instrument on a recurring basis as set forth in such Order Form for such Fees. You will be invoiced on the first of each month. You will have 30 days to pay your bill without incurring a 10% late fee charge. Accounts that are sixty (60) days past due may be deactivated.
- The term of your subscription and your initial billing will begin upon the activation of your BLAZE account. Unless your business license has not yet been issued, your activation will occur no later than seven (7) days after execution of this Agreement. After your business license is issued, you will need to activate your account. To activate your account, send an email to activation@BLAZE.me with the location name, address, and date for the account to be created. Your BLAZE® account must be activated prior to on boarding your data and/or employees, whichever comes first.
- Your first invoice will be prorated for the balance of the first month’s subscription based upon your account activation date. The proration will be based upon an average 30-day month (e.g., if your first day is the 11th of the month, your first invoice will be for the 11th – 30th of that month). Each subsequent invoice will be for the full monthly subscription cost.
- Non-recurring service fees will not be prorated. The Service is billed in advance monthly 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 or other payment instrument 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. All Billing inquiries should be directed to billing@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 billing@BLAZE.me requesting the cancellation.
- All your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- YOU ARE RESPONSIBLE FOR THE ENTIRE BALANCE OF SUBSCRIPTION FEES FOR THE ENTIRE TERM OF YOUR AGREEMENT. EARLY TERMINATION DOES NOT ABSOLVE YOU OF YOUR RESPONSIBILITY.
- Your cancellation will take effect at the end of the following month after the cancellation (e.g., if you cancel on 7-25-21, your cancellation will be effective on 8-31-21). Unpaid and outstanding subscription fees through the end of the Term will be charged upon cancellation. For example, if you cancel after the fifth month, you will be responsible for the remaining seven months of the subscription year term.
- 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) PERFORMANCE OF THIRD-PARTY VENDORS; (VII) OR ANY OTHER MATTER RELATING TO THE SERVICE, EXCEPT FOR BLAZE’S® WILLFUL NEGLIGENCE OR FRAUD.
- 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. The SLA can be found at http://BLAZE.me/sla.
- BLAZE® is a complex and sophisticated SaaS platform that provides a series of individual tax settings for each client customer, subject to the advice of their tax advisor professional that enables the client customer to comply with local, state, and national governmental tax schemes. YOU ARE SOLELY RESPONSIBLE FOR YOUR TAX SETTINGS. TAX RATES AND THE ORDER OF OPERATION FOR THOSE RATES VARY BY JURISDICTION AND ARE SUBJECT TO CHANGE. YOU AND YOUR TAX PROFESSIONAL ARE RESPONSIBLE FOR REVIEWING, UPDATING, AND APPLYING THE SPECIFIC TAX RATES AND THE ORDER OF OPERATION FOR THOSE TAX RATES FOR YOUR SERVICE AREA(S). THE COLLECTION, RETENTION, AND PAYMENT OF APPLICABLE TAX LIABILITIES TO APPROPRIATE AUTHORITIES IS YOUR SOLE RESPONSIBILITY. BLAZE® MAKES NO WARRANTY NOR REPRESENTATION THE TAX RATES AND THE ORDER OF OPERATIONS YOU SELECT ARE APPROPRIATE AND CORRECT. YOU EXPRESSLY AGREE BLAZE® SHALL NOT HAVE ANY LIABILITY FOR UNDER OR OVERCOLLECTION OF YOUR TAX LIABILITIES.
- You assume responsibility for your internal data security protocols and procedures. BLAZE® has a liability insurance policy that provides protection against breaches of Blaze’s data related to our internal operating and data storage systems. Our policy explicitly does NOT cover breaches of your internal computing systems nor attacks on your systems, including but not limited to, ransomware or denial of service attacks. Individual Cyber liability insurance is available via third party insurance companies. BLAZE® makes no warranty nor representation regarding the efficacy of the insurance policy you select for your business purposes. BLAZE® does not direct nor control, and therefore assumes no responsibility for, your internal security protocols and procedures. You expressly agree BLAZE® shall not be liable for any subsequent non-conforming violations of your internal security protocols and procedures.
- 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.
- The BLAZE® platform provides access to certain third-party providers that you can select to enhance your business experience. BLAZE® may charge you for that access (the “integration”). Such “add-on” integration fees are separate and distinct from any fees the third-party may impose for your use of, or access to, their services. BLAZE® will only impose such add-on fees if you affirmatively request such third-party integration. REGARDLESS OF WHETHER OR NOT BLAZE® CHARGES A THIRD-PARTY INTEGRATION FEE, YOU ACKNOWLEDGE THAT BLAZE® IS NOT RESPONSIBLE FOR THIRD-PARTY PROVIDER PERFORMANCE NOR ANY ADVERSE IMPACT TO THE BLAZE® PLATFORM RESULTING FROM THIRD-PARTY INTEGRATION PERFORMANCE ISSUES.
- 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. BLAZE® 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.
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 personal identifiable data without your explicit permission. Provided your account is current and in good standing, 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 herein, BLAZE® will not amend this clause without your express written consent.
- 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, volunteered statements and/or logo in any BLAZE® marketing materials.
- When you contact BLAZE® support, your call will be recorded for quality and training purposes.
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 you, except with the prior written consent of BLAZE®. Such consent will not be unreasonably withheld.
- Notwithstanding the foregoing, you may transfer and assign any of your 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. BLAZE® may require the successor in interest to execute a modified license Agreement.
- 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 via email or other electronic communication and will be deemed to have been duly given when delivery is electronically confirmed.
- 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.
- BLAZE® must comply with all applicable State and Federal Anti-Money Laundering laws and regulations. Accordingly, BLAZE® must meet the “Know Your Customer” criteria which mandate that we collect certain documents that enable us to verify your business and license status. We will, at a minimum, require a copy of your state and/or local business license(s), business formation documents, state tax collection permits, EIN and Corporate Officer/Director listings. All these documents are required for most state license applications. Unfortunately, BLAZE® is unable to rely simply upon proof of your license as proof of compliance. Failure to TIMELY provide the requested documentation may result in termination of the agreement.
- Questions about the Terms of Service should be sent to BLAZE® customer support at support@BLAZE.me.
- These Terms and Conditions were last updated on 7-28-2021 and will be effective as of 8-5-2021.