Last revised: June 14, 2022
Welcome to Blaze! We’re the smarter way for you to build tools and apps without writing code.
1. INTRODUCTION
a. These Terms and Conditions (the “Terms”) are a legal agreement between you (“Licensee” or “you” and its derivatives) and Blaze Technology, Inc. (“Blaze” or “we” and its derivatives). These Terms govern your use of Blaze’s website at(the “Site”) www.blaze.tech and your access to and use of our application builder, hosting, and management platform (the “Platform”). Except where specifically noted below, all references to the Platform include the Site as well. Blaze’s Privacy Policy is incorporated by reference into these Terms and details how we collect, use, and protect information about individuals.
b. To use the platform, you must be 18 or older (or the age of majority in the jurisdiction from which you are accessing the Platform), or be 13 or older and have your parent or guardian’s consent. If you are a parent or guardian agreeing to these Terms for your child, you are legally responsible for their use of the Platform. The Platform is not intended for anyone under 13 and individuals under 13 may not use the Platform.
c. By accessing or using the Platform, you represent and warrant that you have the legal right to do so, meet the age requirements in Section 1(b), and have the power to enter into a binding contract with us – either for yourself or on behalf of the entity on whose behalf you are using the Platform. You are required to affirmatively accept these terms when you sign up and login to the Platform.
d. These Terms do not apply to any third party websites, services and applications (“Third Party Services”) that you may access through the Platform, such as payment processors or messaging applications. We are not responsible for the content or practices of Third Party Services and provide links to Third Party Services only for the convenience of our users. We encourage you to carefully review the terms of service of any Third Party Service you access through the Platform
e. We may change these Terms at any time. When we do so, we will make a new copy of the Terms available on this page. Any changes to the Terms will be effective immediately for new users and five (5) days after notice of such changes is posted on the Site for existing users.
2. PLATFORM LICENSE
a. License. Subject to these Terms, Blaze grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to: (i) access and use the functionality of the Platform to build, host and manage web applications and other Internet-based services (collectively, a “Blaze Site”) that may be made available to members of the general public (each such individual accessing a Blaze Site, an “End User”). The license granted in this Section 2(a) includes the right to access, use, and make a reasonable number of copies of any written descriptions of the functionality, technical requirements, or use of the Platform (collectively, “Documentation”), and (b) use any changes to the Platform made available to all Blaze clients at no additional cost (each, an “Update”) when each Update is made available.
b. Restrictions. Except as explicitly permitted in these Terms, you may not, directly or indirectly: (i) modify or create derivative works of the Platform; (ii) decompile, reverse engineer, or translate any portion of the Platform into human-readable form (except to the extent expressly allowed by applicable law); (iii) rent, lease, share, distribute, or sell the Platform to any third party, including on a service bureau or similar basis; (iv) remove, alter or deface proprietary notices or marks in the Platform or Documentation; (v) disclose the results of testing or benchmarking of the Platform; (vi) circumvent or disable the Platform’s security, copyright protection, or license management mechanisms, (vii) interfere with the Platform’s operation; (viii) use the Platform to violate the law or the rights of any third party; (ix) access or attempt to access any other Platform systems, programs, data or accounts that are not made available for public or your use, or (x) attempt to do any of the foregoing. Blaze may take any actions it deems reasonable, including denying access to Users, suspending a Blaze Site, or terminating your Subscription for any breach of this Section 2(b).
3. USE OF THE PLATFORM
a. Accounts.
i. To access the Platform’s app builder and management tools you must create an account (an “Account”). Every individual with such access is a “Direct User” (as opposed to End Users, who are visitors to Blaze Sites) and, unless the circumstance clearly indicates otherwise, all references to “you” in this Agreement apply to Direct Users. When you create or update an Account, you must provide information that lets us contact you and process payments through our third party payment processor. All personal information that we collect in relation to your Account is subject to our Privacy Policy; information collected by the payment processor is subject to their equivalent policy. You agree to keep all Account information accurate, current and complete for so long as you are using the Platform.
ii. If you design, operate, or maintain Blaze Sites for third parties on a commercial basis, your clients must also comply and agree with our Terms.
b. Security. Each Direct User must establish login credentials to access the Platform and is responsible for maintaining the confidentiality of such credentials. You must immediately inform Blaze of any suspected unauthorized use of the Platform. Blaze cannot and will not be liable for any loss or damage arising from a failure to safeguard Account credentials or unauthorized use of such credentials.
4. BLAZE OBLIGATION
a. Availability. Blaze will use commercially reasonable efforts to make the Platform available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, Internet service provider failures or delays, or denial of service attacks that would not be stopped by the use of standard security measures.
b. Security. Blaze will employ industry-standard technical, logical, and physical security measures and practices for the Platform and any Blaze systems on which Direct User Content (as defined in Section 5(a)) is stored or processed designed to preserve the security and integrity of, and prevent unauthorized access to, the Platform, Blaze Sites, and Direct User Content.
c. Support. Blaze will provide all Updates to the Platform applicable to your Account as and when they become available. Direct Users with paid Subscriptions have access to email support at support@blaze.tech.
5. BLAZE SITES AND DIRECT USER CONTENT
a. General. You are responsible for all text, images, photographs, or other materials provided or uploaded by you or Direct Users associated with your Account to the Platform or Site (“Direct User Content”). Direct User Content includes all content of Blaze Sites, the design and workflow of a Blaze Site, all data generated by or submitted to a Blaze Site (including information relating to End Users), any templates or integrations, and any comments, reviews, responses or other information posted in any user forums or the equivalent.
b. End User Content and Blaze Site Terms. If End Users are allowed to post content on a Blaze Site, such content will be deemed Direct User Content of the Direct User(s) who own the Account(s) associated with such Blaze Site. Each Blaze Site must include terms of use that are at least as protective of Blaze, and grant the controller of the Blaze Site the same rights with respect to removal and treatment of End User content that Blaze has with respect to Direct User Content set forth in these Terms.
c. License to Blaze. By posting, displaying, sharing or distributing Direct User Content on or through the Platform, you grant Blaze, its affiliates, and any applicable Third Party Services a nonexclusive license to use such Direct User Content during the Term (as defined in Section 10) solely for the purpose of operating the Platform and providing related services. Blaze is acquiring no rights in the Direct User Content except for the limited license set forth above.
d. Compliance and Preservation. Blaze may access, preserve and disclose Account information and / or Direct User Content if Blaze is required to do so by applicable law or if we believe in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms, (iii) respond to claims that any Direct User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of the Platform, Blaze, our employees, directors or officers, partners and agents, or members of the public.
6. OWNERSHIP
a. Platform. Aside from the limited license granted to you in Section 2(a), Blaze retains all right, title and interest in and to the Platform, Documentation, and all Updates.
b. Direct User Content. You retain all right, title, and interest in and to your Direct User Content. For the avoidance of doubt, you may re-use any Direct User Content, including Blaze Site workflow and design, on other web platforms or media.
c. Usage Information. Blaze owns all data regarding installation, registration, and use of the Platform, and related to Platform performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”). Usage Information includes information about Blaze Sites. Usage Information does not include any personally 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 Blaze, to monitor and improve the Platform, and to perform Blaze’s obligations under this Agreement.
d. Marks. You and Blaze each retain all right, title and interest in and to their respective trademarks, service marks, logos, name, branding, and equivalent identifiers (“Marks”). You grant Blaze a limited, non-exclusive, non-transferable, sublicensable right to use your Marks on the Platform and as otherwise required to fulfill its obligations hereunder, consistent with your standard guidelines regarding the use of the Marks. Except for the reproduction of Blaze Marks as permitted herein, you may not use Blaze Marks for any purposes, including in a way that suggests you are or endorsed by or associated with Blaze in anything other than a customer relationship, or in connection with the marketing of, your Blaze Sites or other services related to Blaze.
e. Feedback. Any feedback, comments, or suggestions you may provide regarding us, the Platform, or other services we offer (“Feedback”) is entirely voluntary and you hereby grant Blaze a perpetual, irrevocable, and royalty-free right and license to use all Feedback in any lawful manner whatsoever, without any obligation to you.
7. THIRD PARTY MATERIAL
a. Third Party Services. You are responsible for complying with the terms of use of all Third Party Services applicable to your use of the Platform. Blaze is not responsible for the performance of Third Party Services.
b. Third Party Content. Blaze may make content from third parties, including data provided by Third Party Services (“Third Party Content”), available via the Platform. Blaze is not responsible for the accuracy or completeness of Third Party Content. If Blaze is required to remove Third Party Content, or is notified that certain Third Party Content may violate applicable law or third party rights, Blaze may remove such Third Party Content without notice.
c. Open Source Software. Certain items of code provided with or accessed via the Platform are subject to “open source” or “free software” licenses (“OSS”). Each item of OSS is licensed under the terms of the license that accompanies such OSS.
8. FEES
a. Subscription. You do not need to pay to access the Platform, but certain features of the Platform are only available with a paid access plan (a “Subscription”). Subscription levels, features, and pricing are available at. Fees for Subscriptions (“Subscription Fees”) are due in accordance to agreed upon terms during the sales process. All Subscription Fees and other payments or credits related to your Account will be made in accordance with the charges and billing terms in effect when such payment is due or funds are received. You must provide us with a valid credit card or other payment method that we accept (“Payment Provider”), prior to starting a Subscription. By providing your payment information, you agree that we may invoice you for all fees and charges when they become due to us without additional notice or consent. We may change our fees and billing practices at any time, either by posting notice of such change on our website or notifying you within the Platform, provided that any pre-paid fees for Services not yet completed will not be affected by such change.
b. Automatic Renewal. Subscriptions will automatically renew at the rates then in effect until canceled as set forth in Section 8(c). By subscribing, you authorize us to charge your Payment Provider at the beginning of any subscription period. Upon renewal of your Subscription, if we do not receive payment from your Payment Provider, you will either pay all amounts due on your Account within fifteen (15) days of the date such payment was due or we may terminate your Subscription.
c. Cancellation. Subscriptions may be canceled at any time by going to the “Plans and Billing Information” section of your “Account” page or by contacting us via email at support@blaze.tech. Monthly Subscriptions may be terminated at any time. Annual Subscriptions will automatically renew for an additional year at the then-current price for the selected Services unless canceled prior to the anniversary of the applicable Subscription Start Date. Canceled Accounts will immediately lose access to paid features on the Platform and other paid Blaze services upon cancellation, including connection with any custom domain you may have set up.
9. CONFIDENTIAL INFORMATION
a. General. “Confidential Information” means non-public or proprietary information in any form disclosed by or on behalf of either party that (i) is marked or identified as “confidential” or with a similar designation, or (ii) by its nature or the circumstances of its disclosure ought reasonably to be treated as confidential. The Platform, Documentation, and Usage Information is Blaze Confidential Information. Each party may have access to the other party’s Confidential Information as a result of this Agreement. Confidential Information is the sole property of the disclosing party.
b. Use. Each party will: (i) only use Confidential Information to fulfill its obligations hereunder and/or as contemplated by these Terms and the Privacy Policy; (ii) only provide access to Confidential Information on an “as-needed” basis to its personnel, agents, and/or consultants who are bound by obligations materially similar to this Section 9(b), and (iii) maintain Confidential Information using methods at least as protective as it uses to protect its own information of a similar nature, but in no event with less than a reasonable degree of care. The obligations in this Section 9(b) will apply during and for three (3) years after the Term, except in the case of Confidential Information that is a trade secret, in which case the obligations will remain in effect as long as the trade secret is maintained.
c. Exceptions. Confidential Information does not include information that is: (i) publicly available when disclosed or becomes publicly available without fault of the recipient after disclosure; (ii) rightfully learned by recipient from entities not bound to keep such information confidential, (iii) independently developed by recipient; or (iv) approved for unrestricted disclosure by the disclosing party. In addition, a recipient may disclose the other party’s Confidential Information as required by court order or applicable law (provided that, to the extent legally permissible, the recipient promptly notifies the other party of such requirement and cooperates with the other party’s reasonable efforts to prevent or limit the scope of such disclosure, at the other party's expense).
10. TERM AND TERMINATION
a. Term. These Terms will remain in effect for so long as you access the Site or use the Platform (the “Term”).
b. Termination by Blaze. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of these Terms, or if we are required to do so by law, we may, immediately and without notice, suspend or terminate your Account. We will not be liable to you or any third party for any such termination, except that, if we stop offering the Platform where required to do so by law, we will refund any prepaid Subscription Fees for the remainder of the Term then in effect within thirty (30) days of the date of termination.
c. Termination by You. Subscriptions may be canceled at any time by contacting Blaze. Following the termination date of your Subscription, these Terms will no longer apply to you unless (and only to the extent that) you access the Site.
d. Effect of Termination. Upon expiration or termination of this Agreement for any reason, the rights and licenses granted under this Agreement will immediately terminate. Sections 6, 9, 10(d), 11 and 12 will survive the termination or expiration of this Agreement for any reason.
11. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION
a. WARRANTY. THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. BLAZE MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BLAZE DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR WORK WITHOUT INTERRUPTIONS.
b. LIMITATION OF LIABILITY. EXCEPT IN THE CASE OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, IN NO EVENT WILL (a) BLAZE’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNTS PAID TO BLAZE BY YOU UNDER THESE TERMS IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM MADE UNDER THIS AGREEMENT, OR (b) EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
c. INDEMNIFICATION. You will indemnify, defend and hold Blaze harmless from any claim, action, suit or proceeding made or brought against Blaze arising out of or related to (a) your breach of any term of this Agreement, or (b) Direct User Content.
12. MISCELLANEOUS
a. Assignment. You may not assign these Terms or any rights or obligations without Blaze’s prior written consent. Subject to the foregoing, these Terms will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
b. Export Regulations. The Platform may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You will not permit Direct Users to access or use the Platform in a U.S.-embargoed country or in violation of any U.S. export law or regulation.
c. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions will remain in full force and effect.
d. Attribution. We may identify you as a client in standard marketing materials, including the customer page of the Site.
e. Waiver. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof.
f. Entire Agreement; Modification. These Terms are the entire understanding of the parties with respect to their subject matter and supersede any previous or contemporaneous communications, whether oral or written. These Terms may be modified as set forth in Section 1(f) or in a writing signed by both parties.
g. Governing Law. These Terms and all matters arising out of, or relating to, these Terms will be governed by the laws of the State of California, without regard to its conflict of laws provisions.
BY CREATING AN ACCOUNT AND/OR LOGGING IN, YOU ARE INDICATING THAT YOU HAVE READ AND CONSENT TO BE BOUND BY THESE TERMS. IF YOU HAVE NOT READ THESE TERMS, OR YOU DO NOT AGREE TO BE LEGALLY BOUND BY THEM, DO NOT USE THE PLATFORM.
Blaze Technology, Inc.
www.Blaze.tech
United States of America
hello@blaze.tech
(424) 371-8039
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