These Terms and Conditions, together with any applicable Orders and other terms and attachments referencing these Terms and Conditions (collectively, the “Agreement”), form a binding agreement between you (“you” or “your”) and Blockera, owned and operated by Blockera (“we,” “us,” or “our”).
The purpose of this Agreement is to provide a framework governing your use of Blockera’s products and services, including software, plugins, add-ons, and related resources (collectively, the “Services”), as well as your use of our websites (“Sites”).
PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCESS TO AND USE OF OUR SITES AND SERVICES ARE GOVERNED BY THIS AGREEMENT. BY USING OUR SERVICES OR VISITING OUR SITES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL OTHER APPLICABLE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SERVICES AND SITES.
1. SERVICES – LICENSE AND SUPPORT
We grant you a limited, nonexclusive, nontransferable right to access and use the Services you order from us pursuant to one or more orders (each, an “Order”) and related documentation in accordance with this Agreement.
Additional terms may be specified in the Order or in the descriptions of our Services provided on our website or communicated directly to you. In case of conflict, the Order terms will take precedence. We reserve the right to decline the provision of Services at our sole discretion.
During the term of your Order, we will provide updates and support as described in your account or on our website (“Support”). Support is available only to the individual or entity named in the Order. Assistance with third-party products or services (as defined in Section 4) is not included in Support unless explicitly stated otherwise.
We and our licensors retain all ownership rights to the Services and associated documentation. By using the Services, you do not acquire any ownership rights. Unless otherwise specified, plugins and add-ons provided as part of the Services are licensed under the GNU General Public License (http://www.gnu.org/licenses/gpl.html) version 2.0 or later.
2. AMENDMENTS TO TERMS
We may update this Agreement, including Service descriptions and Support terms, at our discretion. Changes will be communicated by posting them on our website or notifying you directly. Continued use of the Services after such updates signifies your acceptance of the revised terms.
3. FEES, PAYMENT TERMS, AND REFUNDS
Fees for Services (“Fees”) are outlined in your Order or invoice and are charged in US Dollars (USD). Unless specified otherwise, Fees are billed annually in advance. Payment is due in accordance with the terms outlined in your Order or invoice.
We may adjust Fees upon renewal of your subscription. You are responsible for all applicable taxes unless valid tax exemption documentation is provided.
Refunds are limited to the terms specified on our website, and Services are otherwise non-refundable and non-cancellable. Refund amounts are based on the original transaction in USD; exchange rate fluctuations and transaction fees are not covered.
4. YOUR RESPONSIBILITIES AND USE RESTRICTIONS
You are responsible for all use of the Services and Sites under your account. You must use the Services and Sites only for legitimate purposes and in compliance with all applicable laws. Prohibited uses include, but are not limited to, activities that are illegal, offensive, harmful, or that interfere with the functionality of the Services.
You agree to defend, indemnify, and hold us harmless from any claims or damages resulting from your use of the Services or Sites. If third-party hardware or software impacts your use of the Services, you are responsible for resolving such issues.
5. DATA
You retain ownership of the data you provide when using our Services (“Your Data”). By using the Services, you grant us a license to use de-identified data for analysis and improvement of our products, as outlined in our Privacy Policy. Any personally identifiable information you provide must comply with all relevant privacy laws.
6. EXPORT COMPLIANCE
The Services and Sites are subject to U.S. export laws. You may not use, export, or re-export the Services in violation of these laws. By using the Services, you confirm that you are not located in a restricted country or on a prohibited list.
7. WARRANTIES AND DISCLAIMERS
The Services and Sites are provided “as-is” without any warranties, express or implied. We disclaim liability for issues beyond our control, including but not limited to third-party products, network failures, or user negligence.
8. INDEMNIFICATION
You agree to indemnify us against any claims arising from your breach of this Agreement or misuse of the Services. Our liability for third-party claims related to intellectual property infringement is limited to the remedies outlined in this Agreement.
9. LIMITATIONS OF LIABILITY
We are not liable for indirect, incidental, or consequential damages arising from your use of the Services or Sites. Our maximum liability for direct damages is limited to the Fees you paid for the Services during the six months preceding the claim.
10. TERM AND TERMINATION
This Agreement begins upon acceptance of your Order and renews automatically unless canceled in writing. Either party may terminate for cause with notice if the other fails to remedy a material breach within 30 days. Termination does not entitle you to refunds or continued access to the Services.
11. PRIVACY AND SECURITY
Your use of the Services is subject to our Privacy Policy. You are responsible for securing your account credentials and must notify us immediately of any unauthorized access.
12. DISPUTE RESOLUTION
Disputes will be resolved through binding arbitration as outlined in this Agreement. You waive the right to participate in class actions or jury trials. Claims may also be resolved in small claims court where applicable.
13. GENERAL TERMS
This Agreement is governed by the laws of jurisdiction. If any provision is found unenforceable, the remaining provisions remain in effect. This Agreement constitutes the entire understanding between you and Blockera regarding your use of the Services and Sites.
Please review these terms periodically. Your continued use of Blockera constitutes your acceptance of these Terms and Conditions.