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EULA

1. Introduction and Acceptance

support@blufix.ai This End User License Agreement (“Agreement” or “EULA”) is a binding legal agreement between you (“User,” “you,” or “your”) and BluFix Technologies, Inc., an Arizona corporation doing business as BluFix.ai (“BluFix,” “we,” “us,” or “our”), governing your download, installation, access, and use of the BluFix mobile application, associated software development kits, updates, and related services (collectively, the “App”).

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, TERMS AND CONDITIONS, COMMUNITY GUIDELINES, AND, IF APPLICABLE, THE SERVICE PROVIDER AGREEMENT, EACH OF WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity.

2. Definitions

  • App means the BluFix.ai mobile application (iOS and Android), including all content, features, functionality, updates, and associated documentation made available by BluFix.
  • Customer means a User who requests, books, or purchases Services through the App.
  • Provider means an independent service professional or business offering HVAC, plumbing, electrical, cleaning, or related services through the App pursuant to a separate Service Provider Agreement.
  • Services means the home-service booking, scheduling, messaging, payment, and AI-assisted diagnostic features made available through the App, and the underlying HVAC, plumbing, electrical, and cleaning services arranged between Customers and Providers.
  • AI Features means the artificial-intelligence-powered diagnostic assistant, chat assistant, and related recommendation tools made available within the App.
  • Platform means collectively, the App, the BluFix website at www.blufix.ai, and all associated back-end infrastructure.
  • Content means text, images, videos, photos, messages, reviews, and other materials submitted, uploaded, or transmitted through the App.
  • Third-Party Services means services provided by parties other than BluFix that are integrated into or accessible through the App, including without limitation Stripe, Flutterwave, Apple Pay, Google Pay, Google Maps, Apple Maps, and Firebase.

3. Grant of License

Subject to your compliance with this Agreement, BluFix grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the App on any Apple- or Android-branded device that you own or control, and to access and use the App solely for your personal, non-commercial use (or, for Providers, for the business purpose of offering Services as permitted under a separate Service Provider Agreement), strictly in accordance with the App’s documentation and this Agreement.

  License Restrictions

You shall not, and shall not permit any third party to:

  • copy, modify, translate, or create derivative works of the App;
  • reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the App, except to the extent such restriction is prohibited by applicable law;
  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the App available to any third party;
  • remove, alter, or obscure any proprietary notice on the App;
  • use the App in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use of the App;
  • use any robot, spider, scraper, or other automated means to access the App for any purpose without our express written permission;
  • use the App for any illegal, fraudulent, or unauthorized purpose;
  • circumvent, disable, or otherwise interfere with security-related features of the App.

 Reservation of Rights

BluFix reserves all rights not expressly granted to you in this Agreement. No implied licenses are granted under this Agreement.

4. Apple App Store and Google Play Terms

 Acknowledgment

You acknowledge that this Agreement is concluded between you and BluFix only, and not with Apple Inc. or Google LLC. BluFix, and not Apple or Google, is solely responsible for the App and its content.

 Scope of License

The license granted to you is limited to a non-transferable license to use the App on any device that you own or control, and as permitted by the applicable app store’s usage rules, including “Family Sharing” or similar programs where enabled.

 Maintenance and Support

BluFix, and not Apple or Google, is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement or as required under applicable law. Apple and Google have no obligation whatsoever to furnish any maintenance or support services for the App.

 Warranty

BluFix is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price (if any) for the App; to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be BluFix’s sole responsibility.

 Product Claims

BluFix, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

  Intellectual Property Rights

In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, BluFix, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

  Legal Compliance

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

   Developer Name and Contact Information

Any questions, complaints, or claims with respect to the App should be directed to: BluFix Technologies, Inc., support@blufix.ai, www.blufix.ai.

  Third-Party Beneficiaries

You acknowledge and agree that Apple Inc. and Google LLC, and their respective subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, each of Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.

5. Account Registration

Use of certain features of the App requires you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify BluFix immediately of any unauthorized use of your account.

6. AI-Powered Diagnostic Features

The App includes AI Features that analyze information, photographs, video, and descriptions you submit to generate preliminary diagnostic suggestions, troubleshooting guidance, and Provider-matching recommendations.

YOU ACKNOWLEDGE AND AGREE THAT: (a) AI Features are informational and advisory only; (b) AI-generated output may be incomplete, inaccurate, or unsuitable for your specific circumstances; (c) AI Features do not constitute professional engineering, electrical, plumbing, HVAC, safety, or legal advice; (d) you should not rely on AI Features in lieu of an in-person inspection by a licensed professional, particularly where gas, electrical, structural, fire, or other safety hazards may be present; and (e) BluFix disclaims all liability for actions taken or not taken in reliance on AI Features.

By submitting photographs, videos, voice recordings, or descriptions to the AI Features, you grant BluFix a worldwide, royalty-free, sublicensable license to process such Content for the purposes of providing, operating, securing, and improving the App and AI Features, consistent with our Privacy Policy.

7. Location Services

The App uses device location data to match Customers with nearby Providers, display estimated arrival times, and enable location-based features. You may enable or disable location services through your device settings; disabling location services may limit or disable certain App functionality.

8. User Content

You retain ownership of Content you submit through the App. By submitting Content, you grant BluFix a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, use, reproduce, display, and distribute such Content solely in connection with operating, providing, promoting, and improving the Platform. You represent and warrant that you own or have the necessary rights to all Content you submit, and that such Content does not infringe or violate the rights of any third party.

BluFix reserves the right, but has no obligation, to monitor, review, remove, or disable access to any Content at its sole discretion, including Content that violates this Agreement or our Community Guidelines.

9. Third-Party Services and Payments

The App integrates with certain Third-Party Services, including Stripe and Flutterwave for payment processing, and Apple Pay and Google Pay for supported devices. Your use of Third-Party Services is subject to the applicable third party’s terms of service and privacy policy, which BluFix does not control. BluFix is not responsible for the acts, omissions, availability, or performance of any Third-Party Service. Payment card and bank account information is transmitted directly to our payment processors and is not stored by BluFix in unencrypted form.

10. Updates and Modifications

BluFix may from time to time develop and provide App updates, which may include bug fixes, patches, enhanced functions, missing plug-ins, and new versions. You agree to promptly install all updates and acknowledge and agree that the App will be updated automatically per the operating platform’s update settings, unless you disable such automatic updates. BluFix may modify, suspend, or discontinue the App, in whole or in part, at any time without liability to you, though we will use commercially reasonable efforts to provide notice of material changes where feasible.

11. Term and Termination

This Agreement is effective until terminated by you or BluFix. Your rights under this Agreement will terminate automatically, without notice, if you fail to comply with any of its terms. BluFix may suspend or terminate your access to the App at any time, with or without cause, with or without notice. Upon termination, you must cease all use of the App and, if requested, destroy all copies in your possession. Sections that by their nature should survive termination (including Sections 3.1, 4, 6, 8, 9, 12, 13, 14, and 16) shall survive.

12. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BLUFIX DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLUFIX DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF SERVICES PERFORMED BY PROVIDERS, WHO ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF BLUFIX.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such cases, warranties are limited to the minimum scope and duration permitted by applicable law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUFIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF BLUFIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BLUFIX’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO BLUFIX IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless BluFix and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: (a) your access to or use of the App; (b) your violation of this Agreement; (c) your Content; or (d) your violation of any third-party right, including intellectual property or privacy rights.

15. Export Compliance

You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, the App may not be exported or re-exported into any U.S.-embargoed country or to anyone on the U.S. Treasury Department Specially Designated Nationals List or the U.S. Commerce Department Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

16. Governing Law and Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles, except to the extent preempted by, or inconsistent with, U.S. federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Any dispute arising out of or relating to this Agreement shall be resolved through the process set forth in our Terms and Conditions. You and BluFix agree that any judicial proceedings shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to personal jurisdiction and venue in such courts.

17. U.S. Government End Users

The App is a “commercial item” as defined at 48 C.F.R. §2.101, consisting of “commercial computer software” and “commercial computer software documentation.” If acquired by or on behalf of any agency within the U.S. Government, the App is licensed with only those rights as provided in this Agreement.

18. Severability; Waiver; Assignment

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. BluFix may assign this Agreement, in whole or in part, at any time without notice. You may not assign this Agreement without BluFix’s prior written consent.

19. Entire Agreement

This Agreement, together with the Privacy Policy, Terms and Conditions, Community Guidelines, and (where applicable) Service Provider Agreement, constitutes the entire agreement between you and BluFix regarding the App and supersedes all prior or contemporaneous understandings regarding such subject matter.

20. Changes to this Agreement

BluFix reserves the right to modify this Agreement at any time. We will provide notice of material changes through the App or by other reasonable means. Your continued use of the App after such changes constitutes your acceptance of the revised Agreement.

21. Contact Information

Questions about this Agreement should be directed to: