TERMS AND CONDITIONS OF SERVICE**

This Agreement (“Agreement”) sets forth the rights and obligations of Users of any Blu Sun Systems–owned products or services (“Software”).

I. Acceptance of Terms

BY CLICKING “I AGREE,” SUBMITTING PAYMENT, CREATING AN ACCOUNT, ACCESSING, OR CONTINUING TO USE THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”).

If You do not agree to these Terms, You may not access or use the Software.

II. Definitions

A. “Blu Sun Systems” means Blu Sun Systems, including its owners, parent companies, affiliates, employees, contractors, successors, and assigns.

B. “User” means any individual or entity that accesses or uses the Software.

C. “User Account” means the account associated with a User.

D. “Platform Assets” means the Software and all related systems, workflows, automations, funnels, campaigns, templates, configurations, logic, methodologies, operational frameworks, training materials, and system architecture.

E. “You” or “Your” means the User accepting these Terms.

III. Becoming a User

By submitting payment and/or creating a User Account, You are granted a limited, revocable, non-exclusive license to access the Software subject to these Terms.

Pricing, features, and services are posted at https://www.blusunsystems.com and may change with notice. Continued use of the Software after notice constitutes acceptance of the updated Terms.

IV. Term and Termination

This Agreement continues month-to-month unless terminated as follows:

A. By Blu Sun Systems

Blu Sun Systems may suspend or terminate access for breach, misuse, non-payment, or harmful conduct. No refunds apply.

B. By You

You may cancel with thirty (30) days’ written notice. Charges may continue during the notice period.

C. Non-Payment

Accounts may be suspended or terminated if payment is not cured within fourteen (14) days of a failed payment attempt.

D. Payment Failure; Reconnection Fee

If a payment attempt is declined, Your account may be suspended until payment is successfully processed.

If payment remains unresolved for more than twenty-one (21) consecutive days, Blu Sun Systems may assess a reconnection fee of Ninety-Nine Dollars ($99 USD) to restore access to the Software, in addition to any outstanding balances.

Reconnection fees are non-refundable and must be paid in full before access is reinstated. Blu Sun Systems reserves the right to waive or modify the reconnection fee at its sole discretion.

V. Intellectual Property

All intellectual property rights in the Software and Platform Assets are owned exclusively by Blu Sun Systems.

No ownership or license is granted except as expressly stated in these Terms.

VI. Proprietary Systems and Methods

The Software and Platform Assets constitute proprietary systems and trade secrets of Blu Sun Systems.

Except with express written authorization, Users may not copy, replicate, recreate, document for reuse, reverse engineer, clone, migrate, sublicense, resell, distribute, or otherwise exploit Platform Assets outside the Software, directly or indirectly, for competitive or commercial purposes.

These restrictions survive termination.

VII. User-Generated Content

Users retain ownership of raw data and materials personally input into the Software.

Notwithstanding the foregoing, any workflows, automations, funnels, campaigns, triggers, templates, configurations, or system logic created within the Software are Platform Assets, are not portable, and may not be transferred, cloned, or migrated. Users may recreate such assets externally.

VIII. Confidentiality

Users may have access to Confidential Information, including Platform Assets, pricing, systems, training materials, and business methods.

Users agree not to disclose, share, or use Confidential Information outside the Software without prior written consent.

This obligation survives termination.

IX. No Portability or Migration Rights

The Software is a closed SaaS environment.

No right to export, migrate, port, or transfer Platform Assets to another system, agency, or provider is granted unless expressly authorized in writing.

X. No Partnership or Ownership

Nothing in these Terms creates a partnership, joint venture, employment, or ownership relationship.

Users and sales representatives are independent contractors and acquire no ownership, equity, or intellectual property rights in Blu Sun Systems or its Platform Assets.

XI. Non-Solicitation

During the term of this Agreement and for twelve (12) months thereafter, Users may not use the Software or Confidential Information to solicit Blu Sun Systems’ clients, users, or sales representatives for competing platforms or services.

XII. Monitoring and Audit Rights

Blu Sun Systems may monitor usage and activity to ensure compliance. Excessive exporting, scraping, cloning attempts, or misuse may result in suspension or termination.

XIII. Indemnification

You agree to defend, indemnify, and hold harmless Blu Sun Systems from claims arising from Your conduct, use of the Software, or violation of these Terms.

XIV. No Warranty

The Software is provided “AS IS.” Blu Sun Systems makes no guarantees regarding income, leads, uptime, or results.

XV. Limitation of Liability

Blu Sun Systems’ total liability shall not exceed three (3) times the amount paid in the month preceding the claim. All indirect, incidental, and consequential damages are waived.

XVI. Force Majeure

Blu Sun Systems is not liable for failures caused by events beyond reasonable control.

XVII. Assignment

You may not assign these Terms without written consent. Blu Sun Systems may assign freely.

XVIII. Messaging and Legal Compliance

Users must comply with all applicable laws including CAN-SPAM, GDPR, CASL, and related regulations.

XIX. Arbitration; Governing Law; Injunctive Relief

All disputes shall be resolved by binding arbitration in Palm Beach County, Florida, under Florida law.

Class actions are waived.

Blu Sun Systems may seek injunctive relief to protect its intellectual property, Platform Assets, and Confidential Information.

XX. Notice and Cure

Before initiating a dispute, Users must provide written notice and allow thirty (30) days to cure the issue.

XXI. Changes to Terms

Blu Sun Systems reserves the right to modify these Terms at any time.

Notice of material changes will be provided by email, in-app notification, or other reasonable means.

Continued access to or use of the Software after the effective date constitutes acceptance.

For material changes affecting intellectual property, confidentiality, arbitration, or User obligations, Blu Sun Systems may require affirmative re-acceptance.

XXII. Severability

If any provision is unenforceable, the remainder remains in effect.

XXIII. Waiver

Failure to enforce a provision does not waive future enforcement.

XXIV. Headings

Headings are for convenience only.

XXV. Notices

Notices to Blu Sun Systems must be sent to:

[email protected]

Notices to Users may be delivered electronically, in-app, or by posting within the Software.

FINAL ACKNOWLEDGMENT

BY PAYING FOR, ACCESSING, OR CONTINUING TO USE THE SOFTWARE AFTER THE EFFECTIVE DATE, YOU AFFIRMATIVELY AGREE TO THESE TERMS AND CONDITIONS, INCLUDING ANY MODIFICATIONS AND FEES.