Terms and conditions of service

Welcome to Bleap. To access or otherwise hire the services provided by https://bleap.cc/ (the “Site”), you will have to agree to be bound contractually to THE AMALGAMA S.R.L. (CUIT 30-71449642-1), with legal address at Arribeños 3619 8º Piso, Ciudad Autónoma de Buenos Aires, República Argentina, (“Bleap”). The terms and conditions of the service to be provided hereto shall be the following (the “Terms and Conditions”), however they may be amended by Bleap from time to time.

BY CLICKING THE “I AGREE” BUTTON, YOU ARE INDICATING THAT YOU HAVE READ AND CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU HAVE NOT READ THESE TERMS AND CONDITIONS, OR YOU DO NOT AGREE TO BE LEGALLY BOUND BY THEM, CLICK “I DON’T AGREE” AND DO NOT USE THE SITE.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE ITS USE IMMEDIATELY.

1. Parties

The parties to these Terms and Conditions are You and Bleap. All references to “we”, “us”, “our”, shall be construed to mean this Site business and Bleap. The references to “You” shall be construed to mean the Site users.

2. Modification

We reserve the right to modify these Terms and Conditions at any time, and without prior notice, by posting an amended Terms and Conditions that is always accessible through the Terms and Conditions link on this Site’s home page. 

YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS AND CONDITIONS ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS AND CONDITIONS.

3. Use and Restrictions

Subject to your complete and ongoing compliance with these Terms and Conditions and prior payment of all applicable fees, we shall grant you with permission to access and use the Services offered in the Site for your personal or commercial use.

You must create an account to access the Site services. You are responsible for keeping your account credentials secure, for all acts that occur under your account, and for the acts of anyone who accesses the Site on your behalf. If You become aware of any unauthorized use of your password or of your account, You agree to notify Bleap immediately.

You may use the Site to create applications for your customers or for personal use. You can’t use the Site for illegal purposes. Accordingly, Your use of the Site services must comply with all applicable regulations.

You may use the Site services only to develop and run applications on or with the infrastructure provided by Bleap. You may not engage the services for the purpose of infringing third party’s intellectual property rights.

4. Service Fees

Service fees are indicated in the Site for each specific service. Unless otherwise indicated, service fees are set in U.S. dollars. 

We may change service fees and payment policies from time to time, in which case, these new conditions will be posted and be known by you before contracting any service. 

5. Disclaimer

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations, so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate any applicable regulation. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. Bleap does not make responsible for the use of Site or engagement of services by minors. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions before using the Site.

EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY BLEAP, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY APPLICABLE LAW. 

6. LIMITATION OF LIABILITY

SUBJECT TO THE DISCLAIMER SECTION ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLEAP, ITS HOLDING COMPANY, SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

THE LIMITATIONS ON BLEAP’S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT BLEAP HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

7. INTELLECTUAL PROPERTY AND OWNERSHIP

 
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, webSite designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark licenses, copyright laws, and international conventions. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Likewise, We own all data regarding installation, registration, and use of the site, and related to Site performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”).  Usage Information does not include any personal identifiable information or end user Information, but may include aggregated information derived from direct user content. Usage Information is used to contribute to analytical models used by Bleap, to monitor and improve the Site and the services offered thereto.

Bleap acknowledges and agrees that it obtains no right, title or interest from You (or your licensors) under these Terms and Conditions in or to any content or applications that You create, submit, post, transmit or display on, or through, the Site services, including any intellectual property rights which subsist in that content and the application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless You have agreed otherwise in a written agreement with Bleap. You agree being sole responsible for protecting and enforcing those rights and that Bleap has no obligation to do so on your behalf.

8. Acts of the User and Third Party Material

We may make content or services provided by third parties available through the Site as a convenience to our users. We are not responsible for their content or services, and recommend that you review their terms before using it.
You are responsible for complying with the terms of use of all third-party services applicable to your use of the Site. Bleap is not responsible for the performance of third-party services. Bleap will maintain compatibility of the Site with third party services accessed via the standard features of the Site or hyperlinks, as appropriate.

Bleap does not assume any liability for damages that may result from your failure to comply with applicable regulations, including without limitation those applicable to data privacy. Accordingly, You will hold Bleap harmless from any damage arising from any claim or lawsuit from third parties related to misuse, or acts or omissions contrary to these terms or applicable regulations

9. Data Contribution

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy. By submitting suggestions or other feedback regarding the Site (the “Contributions”), You agree that we can use and share such feedback for any purpose without compensation to you.  We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by You in any area on the Site. You are solely responsible for your Contributions to the site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

10. Site Management

We reserve the right, but not the obligation, to: (1) monitor the site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4)  manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

11. Privacy Policy

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms and Conditions.

12. Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

14. Governing Law 

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the Republic of Argentina, without regard to its conflict of law principles. 

15. Dispute Resolution

You agree to irrevocably submit all disputes related to the Terms and Conditions or the relationship established as a result of the engagement of the services provided in the Site, to the jurisdiction of the Argentina courts.