Summary: These terms govern your use of Blue Peaks products. Use our services only for lawful purposes. You own your data. We own our software. Questions: legal@bluepeaks.io.
1. Acceptance of Terms
By accessing or using any service provided by Blue Peaks Innovations Inc. ("Blue Peaks", "we", "our", or "us"), including VIA Connect, AI Studio, AI Governance Advisory, and this website (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
If you do not agree to these Terms, do not access or use the Services.
2. Description of Services
- VIA Connect: A SaaS platform enabling international student recruitment agencies to manage student pipelines, documents, communications, payments, and compliance workflows.
- AI Studio: Custom artificial intelligence development, integration, and deployment services for business clients.
- AI Governance Advisory: Professional consulting services for responsible AI strategy, risk assessment, and compliance.
3. Eligibility and Accounts
You must be at least 18 years old and legally capable of entering into a binding contract to use our Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify us immediately at security@bluepeaks.io of any unauthorized use of your account.
4. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable regulations.
- Submit false, misleading, or fraudulent information about students or institutions.
- Attempt to gain unauthorized access to any part of the Services or other users' accounts.
- Reverse engineer, decompile, or disassemble any portion of the Services.
- Use automated tools to scrape, crawl, or extract data from the Services without our written consent.
- Upload or transmit malicious code, viruses, or any content that may harm our systems or other users.
- Use the Services to process data for any purpose not disclosed to the students or families whose information you submit.
5. Your Content and Data
You retain full ownership of all data, files, and content you submit to the Services ("Your Content"). You grant Blue Peaks a limited, non-exclusive, royalty-free license to store, process, and display Your Content solely to provide the Services to you.
We do not use Your Content to train machine learning models, for advertising, or for any purpose beyond operating the Services.
You are responsible for ensuring you have the necessary rights and consents to submit any personal data (including student and family data) to the Services.
6. Intellectual Property
The Services, including all software, designs, trademarks, logos, and documentation, are the exclusive property of Blue Peaks Innovations Inc. and are protected by Canadian and international intellectual property laws.
These Terms do not grant you any right to use the Blue Peaks name, logo, or trademarks without our prior written consent.
7. Fees and Payment
Subscription fees for VIA Connect are billed monthly (or annually if you select annual billing). Fees are non-refundable except where required by applicable law or expressly stated in your service agreement.
We reserve the right to change our pricing with at least 30 days' written notice. Continued use after the effective date constitutes acceptance of the new pricing.
For AI Studio and AI Governance Advisory engagements, fees are governed by the separate Statement of Work or Master Services Agreement signed between the parties.
8. Confidentiality
Both parties agree to keep confidential any non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). This obligation does not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully known before disclosure; or (c) is required to be disclosed by law.
9. Data Security and Compliance
Blue Peaks implements industry-standard security measures for the Services. For clients subject to GDPR, PIPEDA, Thailand's PDPA, or other data protection regulations, we are prepared to execute a Data Processing Agreement (DPA) upon request. Contact privacy@bluepeaks.io.
10. Service Availability and SLA
We aim to provide 99.5% monthly uptime for VIA Connect's core features. Scheduled maintenance will be announced at least 48 hours in advance. We are not liable for downtime caused by factors outside our reasonable control, including internet disruptions, third-party provider outages, or force majeure events.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BLUE PEAKS DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUE PEAKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF DATA, REVENUE, OR PROFITS, ARISING FROM YOUR USE OF THE SERVICES.
BLUE PEAKS'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO BLUE PEAKS IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) CAD $500.
13. Indemnification
You agree to indemnify and hold harmless Blue Peaks, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Services; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any applicable law.
14. Term and Termination
These Terms remain in effect while you use the Services. Either party may terminate a subscription with 30 days' written notice. We may suspend or terminate your access immediately if you materially breach these Terms, become insolvent, or for other cause.
Upon termination, you may export your data within 30 days. After that period, we may delete Your Content from our systems, subject to legal retention obligations.
15. Governing Law and Disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of law principles.
Any dispute arising from these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If not resolved within 30 days, the dispute shall be submitted to binding arbitration under the rules of the ADR Institute of Canada, with proceedings in English in Toronto, Ontario, unless otherwise agreed in writing.
16. Changes to Terms
We may update these Terms from time to time. For material changes, we will provide at least 14 days' notice via email or a prominent notice on our website. Continued use after the effective date constitutes your acceptance.
17. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between you and Blue Peaks regarding the Services.
- Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
- No Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement.
- Assignment: You may not assign these Terms without our written consent. We may assign them in connection with a merger or acquisition.
18. Contact
For legal inquiries:
- Email: legal@bluepeaks.io
- Website: bluepeaks.io