Bleex Terms of Service (“Agreement”)
This Agreement is entered into by and between Bleex Technologies, Ltd. (“Bleex” or “we”) and the entity or individual accessing or subscribing to our services (“Customer” or “you”). If you are accessing or using the Service on behalf of an organization, you represent that you are authorized to accept this Agreement on its behalf, and all references to “you” or “Customer” will mean your organization.
If you have a separate written agreement with Bleex governing your use of the Service, that agreement will take precedence, and this Agreement will not apply.
This Agreement governs your initial subscription to and ongoing use of Bleex’s services. It is also applicable to any subsequent orders or renewals referencing these terms. Key terms are defined in Section 20 (Definitions), with additional context provided throughout the Agreement.
Effective Date: This Agreement becomes effective on the earlier of (a) your first access to the Service through registration or (b) the effective date of your first order referencing this Agreement.
Modifications to the Agreement
Bleex reserves the right to modify this Agreement periodically. Changes will apply upon the renewal of your subscription or the initiation of a new order unless stated otherwise. Bleex will make reasonable efforts to notify you of updates through email, account notifications, or other means. If changes apply earlier (e.g., due to legal compliance or product updates), you may terminate your subscription and receive a prorated refund for unused fees as your sole remedy. Your continued use of the Service constitutes acceptance of the revised terms.
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE OR ARE UNDER THE AGE OF 16, DO NOT USE THE SERVICE.
1. Overview
Bleex provides a software-as-a-service (SaaS) business intelligence (BI) and analytics platform. Our platform enables insights from relational databases, third-party integrations, and other external data sources. Features include data integration, modeling, reporting, dashboards, and the ability to deliver insights off-platform (e.g., via email). Customers can interact with the Service via direct database connections, APIs, SDKs, and third-party tool integrations.
2. The Service
2.1 Permitted Use
During the subscription term, the Customer may use the Service for internal business purposes as described in the Documentation and within the agreed Scope of Use. Customers must comply with the Acceptable Use Policy (AUP) and all applicable laws.
2.2 Users
Access to the Service is restricted to authorized Users over the age of 16. Users must maintain the confidentiality of their login credentials. The Customer is responsible for the actions of its Users and must promptly report any compromised accounts to Bleex.
2.3 Restrictions
The Customer agrees not to:
(a) Provide access to unauthorized third parties.
(b) Use the Service for competing products or services.
(c) Reverse-engineer or disassemble any part of the Service.
(d) Conduct unauthorized performance testing, security scans, or penetration tests.
(e) Circumvent access controls or transmit harmful material.
3. Support
For paid subscriptions, Bleex provides support via our online support page or email at support@bleex.io. Support is available during business hours. For free or unpaid subscriptions, refer to our online documentation.
4. Data
4.1 Customer-Hosted Data
Bleex primarily connects directly to Customer-managed relational databases without transferring or storing data. Disconnecting a database removes its availability in the Service. The Customer is responsible for implementing secure configurations and governance practices, including strong passwords and monitoring tools.
4.2 Managed Data Sets
In cases where Bleex integrates with external data sources (e.g., Facebook), we may store and manage data in our secure, cloud-hosted infrastructure. Customers will be informed of such instances in advance. Bleex employs technical and organizational measures to safeguard this data.
4.3.1 Service Data
To deliver and improve the Service, Bleex is granted a limited, non-exclusive license to process Service Data. This includes the right to reformat, process, and store data for display and analytics purposes.
4.3.2 Usage Data
Bleex collects anonymized or aggregated Usage Data to enhance service performance and support. Usage Data will not be shared externally unless anonymized or aggregated.
4.4 Security
Bleex implements industry-standard measures to protect Service Data, as outlined in our Security Policy.
4.5 Personal Data
Unless both parties have entered into a Data Processing Agreement (DPA), Customers must not submit Personal Data to the Service.
4.6 Data Residency and Transfers
Service Data will be stored in the Customer's selected region through configuration options. Data processing may occur in the United States or other countries where Bleex’s affiliates and sub-processors operate.
4.7 Data Export and Deletion
Customers may export or delete their Service Data using available tools. Upon subscription termination, Bleex will delete Customer data following standard retention policies.
5. Customer Obligations
5.1 Generally
Clearly states that the customer is responsible for Service Data accuracy and compliance. The clause effectively places liability on the customer for obtaining all necessary rights and consents.
5.2 No Sensitive Personal Information
Explicitly excludes liability for handling sensitive personal information unless covered by a BAA.
Consider defining "Sensitive Personal Information" more explicitly or referencing specific laws beyond HIPAA to avoid ambiguity. The liability exclusion might be worth clarifying further in terms of data breaches or unintentional processing.
6. Service Suspension
Clearly lists conditions for suspending service.
Suggestion: Add a more specific reinstatement process (e.g., a timeline for resolution).
7. Third-Party Platforms
Clearly lists conditions for suspending service.
Suggestion: Add a more specific reinstatement process (e.g., a timeline for resolution).
8. Commercial Terms
8.1 Subscription Term
Automatic renewal with notice required for cancellation.
Consider defining a required notice period explicitly to prevent disputes.
8.2 Fees and Taxes
Customers must pay all taxes unless exempt.
If tax withholding applies, the customer must increase payments.
8.3 On Demand
Clearly explains excess usage fees.
8.4 Payment via Credit Card
Covers recurring billing, invalid payments, and termination for non-payment.
8.4.1 Invalid Payment
Options for handling failed payments are reasonable.
8.4.2 Payment of Outstanding Fees
Clear about post-termination charges.
8.5 Cancellation
Requires self-service cancellation via account settings.
No mid-term refunds, which is standard but may raise concerns for customers.
Consider allowing exceptions for early termination in specific circumstances (e.g., business closure, force majeure).
8.6 Upgrades and Downgrades
Immediate billing for upgrades, downgrades take effect at the end of the term.
Warns about data loss when downgrading, which is good transparency.
9. Disclaimers
Standard "AS IS" warranty disclaimers.
States that Bleex is not responsible for identifying bugs/issues in customer applications, which limits liability.
Consider adding a force majeure clause explicitly to account for external disruptions.
10. Term and Termination
10.1 Term.
This Agreement begins on the Effective Date and remains in effect until all Subscription Terms expire, are canceled, or terminated.
10.2 Termination
Either party may terminate this Agreement (including all associated Orders) if the other party:
(a) Fails to remedy a material breach of this Agreement (including non-payment of fees) within 30 days of receiving notice;
(b) Ceases operations without a successor; or
(c) Files for bankruptcy, receivership, trust deed, creditors’ arrangement, or similar proceedings, or has such proceedings initiated against them and unresolved within 60 days.
10.3 Effect of Termination
Upon expiration or termination of this Agreement or any Order, the Customer’s access to the Service will be revoked. Upon request by the disclosing party, the receiving party must delete all Confidential Information of the disclosing party (excluding Service Data, which is governed by Section 4.7). However, Service Data and other Confidential Information may persist in standard backups, subject to the confidentiality obligations of this Agreement.
10.4 Survival
The following sections will survive termination or expiration of this Agreement: 2.3 (Restrictions), 4.2 (Data Use), 5 (Customer Obligations), 9.2 (Fees and Taxes), 9.3 (On Demand), 9.4 (Payment via Credit Card), 10.3 (Disclaimers), 11.3 (Effect of Termination), 11.4 (Survival), 12 (Ownership), 13 (Limitations of Liability), 14 (Indemnification), 15 (Confidentiality), 16 (Required Disclosures), 19 (General Terms), and 20 (Definitions). Exercising any remedy under this Agreement, including termination, does not preclude a party from pursuing other available remedies, except where an exclusive remedy is specified.
11. Ownership
Neither party grants the other any rights or licenses beyond those explicitly outlined in this Agreement. Except for the rights granted to Bleex under this Agreement, the Customer retains full ownership of all intellectual property and other rights to Service Data they provide to Bleex. Similarly, Bleex and its licensors retain all intellectual property and other rights to the Service, including Bleex’s technology, templates, formats, machine learning models, large language models, and dashboards, as well as any modifications or improvements made by Bleex. If the Customer provides Bleex with feedback or suggestions regarding the Service or related offerings, Bleex may use them freely without obligation.
12. Limitations of Liability
12.1 Consequential Damages Waiver
Except for Excluded Claims, neither party (nor its suppliers) will be liable for any loss of use, data, profits, business interruption, failure of security mechanisms, or any indirect, special, incidental, reliance, or consequential damages—even if previously informed of their possibility.
12.2 Liability Cap
Except for Excluded Claims, the total liability of each party (and its suppliers) under this Agreement will not exceed the total amount paid or payable by the Customer to Bleex in the preceding 12 months.
12.3 Excluded Claims. "Excluded Claims" include
(a) The Customer’s breach of Sections 2.3 (Restrictions) or 5 (Customer Obligations),
(b) The Customer’s breach of Section 15 (Confidentiality), and
(c) Any amounts payable to third parties under the indemnification obligations in Section 14 (Indemnification).
13.4 Scope of Liability and Remedies. The limitations in this section apply regardless of the type of claim—whether contract, tort (including negligence), strict liability, or otherwise—and will remain in effect even if any limited remedy fails in its essential purpose.
13. Indemnification
13.1 Customer Indemnification
The Customer agrees to defend Bleex against any third-party claims arising from Service Data or the Customer’s breach (or alleged breach) of Section 5 (Customer Obligations). The Customer will also indemnify and hold Bleex harmless against any damages or costs (including reasonable attorneys’ fees) awarded against Bleex or settled by the Customer in relation to such claims.
13.2 Indemnification Procedures
The indemnifying party’s obligations under this section are contingent upon:
(a) Prompt notification of the claim,
(b) Exclusive control over the investigation, defense, and settlement of the claim, and
(c) Reasonable cooperation from the indemnified party at the indemnifying party’s expense.
The indemnifying party may not settle a claim without the indemnified party’s prior written consent if the settlement requires the indemnified party to admit fault or take any specific action (except regarding Service use when Bleex is the indemnifying party). The indemnified party may participate in the defense at its own expense.
14. Confidentiality
14.1 Definition.
"Confidential Information" refers to any information disclosed under this Agreement that is designated as confidential or should reasonably be understood as confidential based on its nature and circumstances. Bleex’s Confidential Information includes the terms of this Agreement and any technical or performance details of the Service. The Customer’s Confidential Information includes Service Data.
14.2 Obligations
Each party, as a recipient of Confidential Information, agrees to:
(a) Maintain confidentiality and not disclose the information to third parties, except as permitted by this Agreement (including Section 4.2 on Data Use), and
(b) Use the information solely to fulfill its obligations and exercise its rights under this Agreement.
The receiving party may share Confidential Information with employees, contractors, and agents who have a legitimate need to know—provided they are bound by confidentiality obligations no less stringent than those in this Agreement.
14.3 Exclusions
The confidentiality obligations do not apply to information that:
(a) Becomes publicly available without the recipient’s breach of this Agreement,
(b) Was lawfully known or possessed by the recipient before disclosure,
(c) Is lawfully received from a third party without confidentiality obligations, or
(d) Is independently developed without using the disclosing party’s Confidential Information.
14.4 Remedies
Unauthorized use or disclosure of Confidential Information may cause irreparable harm. Each party may seek equitable relief (such as an injunction) in addition to other available remedies.
15. Required Disclosures
Nothing in this Agreement prevents either party from disclosing Service Data or other Confidential Information if required by law, subpoena, or court order. If permitted, the disclosing party will provide advance notice to the other party and cooperate in efforts to secure confidential treatment.
16. No-Charge Products
If the Customer receives access to the Service or its features at no charge (e.g., trial access, beta versions, or early access), usage is allowed only for the designated period (or 30 days if unspecified). Either party may terminate No-Charge Products at any time. These products may be incomplete, inoperable, or subject to future changes. Performance details of No-Charge Products are Confidential Information. Bleex provides no warranties, indemnification, service levels, or support for No-Charge Products, and its liability for them is capped at $50.
17. Publicity
Neither party may publicly announce this Agreement without the other’s prior consent, except as required by law. However, Bleex may reference the Customer as a client, use its trademarks in marketing materials, and publish case studies or blog posts. The Customer may request Bleex to cease such use in writing.
18. General Terms
18.1 Assignment
Neither party may assign this Agreement without the other’s prior consent, except in the case of a merger, acquisition, or similar business transfer. Unapproved assignments are void. The Agreement remains binding on successors and permitted assigns.
18.2 Governing Law & Jurisdiction
This Agreement is governed by the laws of California and the United States. Any disputes will be resolved in the state or federal courts of San Francisco, California, where both parties submit to jurisdiction.
18.3 Attorneys’ Fees
The prevailing party in any legal action related to this Agreement is entitled to recover its attorneys’ fees and costs.
18.4 Notices
Official notices must be in writing and sent via personal delivery, certified mail, overnight courier, or email. Bleex’s legal address is:
Bleex Technologies LTD.
Attn: Legal Department
Watermark Business Park, Fountain Court, Suite 1, Karen,
P.O Box 12625-00100.,
Nairobi, Kenya.
Email: legal@bleex.io
Notices to the Customer will be sent to the contact details provided in the Order or through the Service.
19. Definitions
Additional Uses – Any legitimate business purposes, including analytics, benchmarking, reporting, and the development of new products and services.
Affiliate – Any entity that is directly or indirectly owned, controlled by, or under common control with a party.
"Ownership" refers to beneficial ownership of at least fifty percent (50%) of an entity’s voting equity securities or equivalent voting interests, while "control" denotes the power to direct an entity’s management or affairs.
Aggregated or Anonymized Data – Data that has been de-identified or aggregated to ensure it does not individually identify the Customer, its Users, or any other person. Bleex will not attribute such data to the Customer.
AUP (Acceptable Use Policy) – The policy governing the acceptable use of the Service, available at https://bleex.io/legal/aup/.
BAA (Business Associate Agreement) – A separately executed agreement between the parties, if applicable, related to this Agreement.
CCPA (California Consumer Privacy Act) – The California Consumer Privacy Act of 2018 (California Civil Code §§1798.100 et seq.), as amended, superseded, or replaced from time to time.
Customer Application – The Customer’s application, website, or other offering owned and operated by (or for the benefit of) the Customer, which the Customer monitors using the Service.
Documentation – Bleex’s official usage guidelines and technical documentation for the Service, available at https://docs.bleex.io.
DPA (Data Protection Addendum) – A separately executed agreement between the parties, if applicable, related to this Agreement.
European Data Protection Legislation – The data protection and privacy laws applicable to the relevant Personal Data in Europe, including:
The General Data Protection Regulation (GDPR) (EU Regulation 2016/679);
The Swiss Federal Data Protection Act of June 19, 1992;
The UK Data Protection Act 2018 and any national legislation replacing or incorporating GDPR into domestic law following the United Kingdom’s exit from the European Union.
GDPR – The European Union General Data Protection Regulation (EU Regulation 2016/679), as amended, superseded, or replaced over time.
High-Risk Activities – Activities in which the use or failure of the Service could result in death, personal injury, or environmental damage, including but not limited to life support systems, emergency services, nuclear facilities, autonomous vehicles, and air traffic control.
Laws – All applicable local, state, federal, and international laws, regulations, and conventions, including those governing data privacy, data transfers, international communications, and the export of technical or personal data.
Non-Identifying Data – Elements of Service Data that, by their nature, cannot be used to identify the Customer or its Users. This does not include Personal Data, source code, content, or attachments.
Order – As defined in the second paragraph of this Agreement.
Personal Data – Any personal data or personal information as defined by European Data Protection Legislation or the CCPA, as applicable.
PHI (Protected Health Information) – Any patient, medical, or other health-related information regulated under the Health Insurance Portability and Accountability Act (HIPAA), as amended and supplemented.
Policies – Includes the AUP, Privacy Policy, Security Policy, and any other Bleex policies referenced in or attached to this Agreement.
Privacy Policy – The Privacy Policy applicable to the relevant Service, available at https://bleex.io/privacy.
SDK (Software Development Kit) – A software development tool that enables the Customer to submit Service Data regarding a Customer Application to the Service.
Scope of Use – Any usage limitations, such as monthly quotas or seat allowances, as specified in an Order.
Security Policy – The Security Policy applicable to the relevant Service, available at https://bleex.io/security.
Sensitive Personal Information – Includes:
(a) Special categories of data under GDPR Article 9(1);
(b) PHI;
(c) Payment card data subject to PCI DSS standards;
(d) Data regulated under laws such as the Children’s Online Privacy Protection Act (COPPA) and the Gramm-Leach-Bliley Act;
(e) Government-issued identification numbers, including social security and driver’s license numbers;
(f) Any data with similar protection requirements under domestic or international law.
Service – The proprietary cloud-based service provided by Bleex, as specified in an Order. The Service includes Documentation but excludes SDKs and Third-Party Platforms.
Service Data – Data collected from a Customer Application and reported to the Service, such as software exceptions, test coverage metrics, user telemetry, software performance metrics, and system resource usage. It may also include associated metadata, files, and attachments, as well as data integrated from Third-Party Platforms.
Subscription Term – The period during which the Customer is authorized to use the Service, as defined in an Order.
Support – Technical support services for the Service.
Third-Party Platform – Any platform, add-on, service, or product not provided by Bleex that the Customer elects to integrate or enable for use with the Service.
Usage Data – Technical logs and data about the Customer’s and its Users’ configuration and use of the Service, including monthly usage quotas and framework information.
User – Any employee or contractor of the Customer or its Affiliates whom the Customer authorizes to use the Service on its behalf.
20. Purchase from Reseller
If the Customer acquires the Service through an authorized reseller of Bleex ("Reseller"), the following terms apply and take precedence over any conflicting provisions in this Agreement:
Agreement Scope – This Agreement is between Bleex and the Customer, governing all access and use of the Service. Resellers are not authorized to modify this Agreement or make commitments on Bleex’s behalf. Bleex is not responsible for any agreements, products, services, or actions of the Reseller.
Order Details – The details of the Customer’s order (e.g., Scope of Use, fees) are determined by the Order placed by the Reseller with Bleex on the Customer’s behalf. The Reseller is responsible for ensuring the accuracy of this Order.
Payment Consideration – The amount paid by the Customer to the Reseller will be considered the amount paid to Bleex under this Agreement for the purposes of Section 13 (Limitations of Liability).
Payment Responsibilities – Instead of paying Bleex directly, the Customer will remit payment to the Reseller as agreed between them. If the Reseller fails to pay Bleex the applicable fees, Bleex reserves the right to terminate the Customer’s Subscription Term and related rights.
Refunds – If the Customer is entitled to a refund under this Agreement, the refund request must be made through the Reseller. Any request sent directly to Bleex may be redirected to the Reseller. Bleex will issue any applicable refund to the Reseller, who is then solely responsible for disbursing it to the Customer. Bleex holds no further liability if the Reseller fails to process the refund.
