The blueAUDIT (hereinafter referred to as: “App”) is offered by indagia AG in agreement with blueAUDIT GmbH, incorporated under the law of Switzerland. (hereinafter referred to as “Indagia”). You are only authorized to acquire the App via the Apple Appstore, Google Play store, indagia.com, indagia.net and spesen.ai.
In order to enter into this agreement and use the App, you must be (1) 18 years of age or older, (2) authorized to enter into a binding agreement with us and not be prevented by any applicable laws to do that and (3) live in a country where the App is available.
Please read this End User License Agreement (hereinafter referred to as: “EULA”) carefully before using the App. Your access to and use of the App is conditioned on your acceptance of and compliance with this EULA. This EULA also applies to all users and others who access or use the App.
By accessing or using the App you agree to be bound by this EULA and you declare that you meet the above stated requirements. If you disagree with any part of this EULA, then do not accept it and uninstall the App. If you do not agree with any of the terms or conditions of this EULA, you are not authorized to use the App for any purpose whatsoever.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You are responsible for maintaining the privacy and security of your account. The App will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
The App may communicate with you via email, in-app messages or pushed notifications regarding your account, system updates, or other issues related to your account.
You are responsible for all Content send and activity that occurs under your account (even when Content is send by others to your account).
You may not use the App for any illegal or unauthorized purpose. You must not, in the use of the App, violate any laws in your jurisdiction (including but not limited to copyright laws).
Your login details may be used up to a maximum of five concurrent sessions.
the App may refuse service to anyone for any reason at any time.
The App reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
The App reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.
You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to The App a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, and distribute your User Content in connection with the following limited purposes:
(a) providing the Services to you and your organization as contemplated by this Agreement; and
(b) creating de-identified aggregated benchmark data.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by The App on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any contract by which you are bound, or of any applicable law or regulation.
You can remove your User Content by specifically deleting it, or by following procedures outlined in our Privacy Policy.
Your use of the Service, including any Content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of these Service.
You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of The App.
You agree not to export or collect, by any electronic or other means, email addresses or other information of other users of the Service for the purpose of sending emails or other unsolicited correspondence.
You agree not to act in a way that risks damaging, deactivating, or overloading the Service or its infrastructure.
You agree not to distribute anything containing a computer virus or any code, file or software program intended to interrupt, destroy or limit the functionality of the Service or its infrastructure.
The App makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected. The App and its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
If any provision of the Terms of Use is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
The App 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 Use.
The failure of The App to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Use sets forth the entire understanding between you and The App as to the Service and supersedes any prior agreements between you and The App (including, but not limited to, prior versions of the Terms of Use).