BlueGamma Terms and Conditions
Acceptance of Terms
By accessing or using the BlueGamma website (the “Website”) or any services, software, or content provided through BlueGamma (including the GammaAgent platform), you agree to be bound by these Terms and Conditions (these “Terms”). These Terms form a legally binding agreement between you and BlueGamma governing your use of the Website and GammaAgent globally. If you do not agree with any part of these Terms, you must not use the Website or GammaAgent. Use of the Website or GammaAgent is also subject to our Privacy Policy (see Privacy Policy section below) and all applicable laws and regulations.
Authority: If you are using the Website or GammaAgent on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
Description of Services
Website: BlueGamma’s Website provides information about our products and services (including GammaAgent), allows users to download resources (such as whitepapers or case studies), and offers contact forms to request demos or information. The content on the Website is for general informational purposes to help you learn about BlueGamma’s offerings.
GammaAgent Platform: GammaAgent is BlueGamma’s software platform that integrates Azure AI with Salesforce to automate enterprise workflows. While the Website may describe GammaAgent’s features or allow you to request a free trial or demo, the actual use of the GammaAgent software (beyond a trial) requires a valid subscription or license obtained directly from us (typically via a separate agreement or sales process, not through an online purchase on the Website). Any trial access, demo, or use of GammaAgent provided to you through the Website is considered part of the “Services” governed by these Terms.
No Online Purchases: The Website itself does not process payments or online orders for subscriptions. Any pricing or subscription information on the Website is for reference only and not a binding offer. To purchase a GammaAgent subscription or license, you must contact BlueGamma and complete any required agreements offline. We reserve the right to refuse any request for a trial or subscription in our discretion.
User Registration and Information
Resource Downloads and Contact Forms: Certain parts of the Website (for example, downloading whitepapers, case studies, or requesting a demo/trial) may require you to submit information such as your name, company, email, phone number, or other contact details. You agree that any information you provide will be truthful, accurate, and up-to-date. You must not use false identities or impersonate any other person or entity when providing information.
Consent to Contact: By submitting your contact details to access resources or to request a demo/trial, you consent to BlueGamma using that information to communicate with you. This may include providing the requested materials, responding to your inquiries, sending you information about our products or services, and other marketing or sales follow-up. All such use of your information will be in accordance with our Privacy Policy. If you do not wish to be contacted, please do not submit your information or you may opt-out of communications as described in the Privacy Policy.
Account Credentials: In general, the Website does not require you to create a user account for browsing. If as part of a trial or service usage you are provided with login credentials or API keys (for example, to access GammaAgent features), you are responsible for keeping such credentials confidential and secure. You must notify us immediately of any unauthorized use of your credentials or any other breach of security. BlueGamma will not be liable for any loss or damage arising from your failure to protect your credentials.
Acceptable Use Policy
We expect all users to use our Website and GammaAgent responsibly and lawfully. You agree NOT to engage in any of the following prohibited activities:
- Illegal Activities:Do not use the Website or GammaAgent for any unlawful purpose or in violation of any local, state, national, or international law or regulation. You must not use the Services to transmit, store, or distribute any content that is illegal, fraudulent, or harmful.
- Intellectual Property Infringement:Do not infringe upon the intellectual property or other rights of BlueGamma or any third party. This means you must not upload, post, or transmit any content that you do not have the right to use, and you must not use the BlueGamma name, logos, trademarks, or content except as permitted by these Terms or with our written consent.
- Unauthorized Access and Security Violations:Do not attempt to gain unauthorized access to any portion of the Website, GammaAgent, related systems, or networks. You must not probe, scan, or test the vulnerability of our infrastructure or breach any security or authentication measures. Additionally, do not attempt to reverse engineer, decompile, or disassemble any software or technology included in the Website or GammaAgent.
- Interference and Disruption:Do not interfere with or disrupt the proper functioning of the Website, GammaAgent, or any servers or networks connected to our Services. This includes refraining from any activity that imposes an unreasonable or disproportionately large load on our infrastructure, launching any form of denial-of-service attack, or introducing viruses, worms, malware, or any other harmful code.
- Spam and Unauthorized Communications:Do not use the Website or GammaAgent to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes. Similarly, you must not harvest or collect information about other users without their consent.
- Misrepresentation and Misuse:Do not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, when using our Services. You must not misuse the Website or Services to defame, harass, abuse, threaten, or defraud others.
- Automated Access and Scraping:Except for standard search engine crawling or as necessary to use GammaAgent’s intended features, you must not use any automated means (such as bots, crawlers, or scrapers) to access the Website or Services, collect data, or otherwise interact with BlueGamma without our express permission.
Any violation of this Acceptable Use Policy may result in immediate suspension or termination of your access to the Website and GammaAgent, as well as potential legal action. BlueGamma reserves the right to monitor use of the Services to enforce this policy.
Intellectual Property Rights
Ownership: All content and materials on the Website and in the GammaAgent platform are owned by or licensed to BlueGamma unless otherwise indicated. This includes but is not limited to the software, code, design, text, graphics, logos, images, videos, diagrams, whitepapers, case studies, and any other materials (collectively, “BlueGamma Content”). BlueGamma Content is protected by copyright, trademark, trade secret, and other intellectual property laws around the world. BlueGamma and GammaAgent are trademarks or service marks of BlueGamma. All other product or company names mentioned on the Website may be trademarks of their respective owners.
Limited Use License: BlueGamma grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website and to view and download BlueGamma Content made available for download (such as PDFs of whitepapers or case studies) for your own internal, informational, and non-commercial use. For example, you may download a case study PDF to review it within your organization. However, you may not redistribute, publicly display, publish, transmit, or create derivative works from BlueGamma Content without our prior written permission. You also may not remove or alter any copyright, trademark, or other proprietary notices on any BlueGamma Content.
GammaAgent Software: If you are granted access to the GammaAgent software (for example, a trial or licensed use), such software and any accompanying documentation are licensed to you, not sold. Your use of GammaAgent software is subject to these Terms and (if applicable) any separate license or subscription agreement you sign with us. You may only use the GammaAgent software in accordance with its documentation and within the scope of rights granted. All rights not expressly granted to you are reserved by BlueGamma and its licensors. You obtain no ownership or proprietary interest in the GammaAgent software or any portion of the Services.
Feedback: If you provide BlueGamma with any suggestions, enhancement requests, or other feedback about our Website or GammaAgent, you agree that we are free to use and implement such feedback without restriction or compensation to you. Any feedback you provide is completely voluntary and will not create any confidentiality obligation for us, but our use of your personal information in connection with that feedback will follow our Privacy Policy.
Privacy Policy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, store, and disclose information we obtain from you through the Website or GammaAgent. The Privacy Policy is hereby incorporated into these Terms by reference. You should read the Privacy Policy carefully to understand our practices. By using the Website or GammaAgent, or by submitting your personal information through contact forms or registrations, you acknowledge that you have read and understood the Privacy Policy and consent to the collection and use of your data in accordance with it.
If you do not agree with our Privacy Policy, please do not use the Services or provide personal information. In case of any conflict between these Terms and the Privacy Policy regarding data protection, the Privacy Policy will prevail with respect to how we handle personal data.
Subscriptions, Trials, and Purchases
Subscriptions and Licenses: BlueGamma may offer GammaAgent through subscription licenses (typically annual enterprise licenses or similar arrangements). However, as noted, such subscriptions are not purchased via the Website. Any commercial engagement to use the full GammaAgent platform will be formalized in a separate agreement between you (or your organization) and BlueGamma. That agreement may include additional terms such as pricing, service levels, and usage limits. In the event of any conflict between those signed contract terms and these Website Terms, the terms of the signed agreement will prevail for the specific subject matter of that contract.
Free Trials: We may provide the opportunity to sign up for a free trial of GammaAgent. Trial specifics (such as duration and features available) will be indicated when you sign up. By registering for a free trial, you agree to use the GammaAgent trial only for evaluation purposes within your organization, and not for production or commercial use. During the trial, these Terms fully apply to your use of GammaAgent, along with any additional trial terms we communicate. BlueGamma reserves the right to modify, limit, or terminate any free trial at any time. At the end of the trial period, if you do not purchase a subscription, your access to GammaAgent may be deactivated and any data or configurations you entered into the trial environment may be deleted. We are not responsible for any loss of data or content after a trial ends, so please save any important outputs or information before the trial expires.
No Guarantees or Offers: Any descriptions of functionality, pricing estimates, or service levels on the Website are not guaranteed and do not constitute a contractual offer. All sales and licenses are subject to final negotiation and a definitive agreement. We reserve the right to change our product offerings or pricing structure, but no such change will affect you until you choose to enter a new agreement or renew a subscription under the new terms.
Payment Terms: Since the Website does not process payments, any payment obligations for GammaAgent (such as subscription fees) will be handled through invoices or separate billing agreements as arranged with BlueGamma. You agree to pay all fees as agreed in those separate terms. Failure to pay such fees may result in suspension or termination of your GammaAgent access.
Termination and Suspension
BlueGamma may suspend or terminate your access to the Website or GammaAgent (including any ongoing trial or demo) at our sole discretion, with or without notice, if we believe that: (a) you have violated these Terms or any applicable law; (b) you are misusing the Services or engaging in behavior that could cause harm to BlueGamma, other users, or any third parties; or (c) it is necessary to protect the security, integrity, or reputation of our Services. We also reserve the right to terminate the Website or any portion of the Services, or discontinue offering GammaAgent entirely, at any time for any reason.
If you have entered into a separate subscription or license agreement for GammaAgent, termination of that agreement will be governed by its terms. However, any violation of these Website Terms that is not addressed in the separate agreement can still be grounds for us to suspend or terminate your use of the Website or other Services.
Your Right to Terminate: You may stop using the Website at any time. If you have a GammaAgent trial and do not wish to continue, you may discontinue use and/or request that we delete your trial account. If you have a paid subscription, your termination rights will be as set forth in your subscription agreement; simply ceasing to use the service typically does not relieve you of contractual obligations to pay any agreed fees for the term of the subscription.
After any termination of these Terms or your access rights, the following provisions will generally continue to apply: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and any other clauses that by their nature should survive termination.
Disclaimers of Warranties
As-Is Basis: The Website, GammaAgent, and all content and services provided by BlueGamma are offered on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, BlueGamma disclaims all warranties, conditions, and representations of any kind, whether express, implied, or statutory, including but not limited to any implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, accuracy, or reliability. We do not guarantee that the Website or GammaAgent will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
Informational Content: Any information provided on the Website (such as blog posts, whitepapers, case studies, or product descriptions) is for general informational purposes. While we strive to keep content up-to-date and accurate, we do not warrant that any content is complete, reliable, or current. You should not rely on the Website content as professional advice; any decisions you make based on information on our Website are at your own risk.
No Guarantee of Results: BlueGamma makes no guarantee that your use of GammaAgent will lead to specific results or outcomes (such as particular cost savings, performance improvements, or compliance achievements) for your business. Any examples of benefits or outcomes (e.g., metrics or case studies) are illustrative and may not apply to your situation. Use of GammaAgent does not ensure compliance with any laws or regulations; you are responsible for using the product in compliance with your legal obligations.
Third-Party Services: The Services may incorporate or link to third-party platforms, plugins, or websites (for example, scheduling tools, Salesforce platform, or social media links). These third-party services are not under BlueGamma’s control, and we provide no warranties or endorsements for them. Your use of third-party services is at your own risk and may be subject to the third party’s terms and privacy policy. BlueGamma is not responsible for any issues arising from third-party content or services.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, any implied warranties will be limited to the minimum scope and duration permitted by law.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will BlueGamma or its parent company, affiliates, officers, directors, employees, agents, or partners be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages whatsoever arising from or connected to your use of (or inability to use) the Website, GammaAgent, or any services or content provided, even if we have been advised of the possibility of such damages. This limitation includes, but is not limited to, damages for lost profits or revenues, business interruption, loss of data, loss of goodwill, procurement of substitute services, or other intangible losses.
In addition, to the extent permitted by law, BlueGamma’s total cumulative liability for any and all claims arising out of or related to these Terms or the use of the Services will not exceed the amount (if any) you paid to BlueGamma for the specific service in the six (6) months immediately preceding the event giving rise to the liability, or USD $100, whichever is greater. Because the Website is offered to you at no charge, BlueGamma’s liability for Website use will be zero or the minimum amount permitted by law.
Certain jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded by law – for example, liability for death or personal injury caused by gross negligence or willful misconduct, or liability for BlueGamma’s own fraud. However, in any case, our liability will be limited to the greatest extent permitted by applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless BlueGamma, including our affiliates, officers, directors, employees, and agents, from and against any and all claims, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Website or GammaAgent; (b) any content or data you submit or transmit through our Services (for example, if you upload data into GammaAgent or submit information via the Website) that infringes any law or rights of any third party; (c) your violation of these Terms or of any law or regulation; or (d) your gross negligence or willful misconduct.
BlueGamma reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you (in which case you agree to cooperate with our defense of such claim). You agree not to settle any such matter without the prior written consent of BlueGamma. This indemnification obligation will survive any termination of your use of the Services or these Terms.
Export Compliance
BlueGamma is based in the United States and operates globally. You acknowledge that GammaAgent, and any software, services, or technical data that we provide, may be subject to export control and economic sanctions laws, including the U.S. Export Administration Regulations (EAR) and regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC). You agree to comply with all applicable export and re-export control laws and sanctions regulations in your use of the Website and GammaAgent.
In particular, you represent and warrant that:
- You are not located in or a resident ofany country or region that is subject to comprehensive U.S. embargoes or sanctions (including, for example, Cuba, Iran, North Korea, Syria, the Crimea region, or any other territory as updated by law).
- You are not identified on any U.S. government restricted party lists, such as the Specially Designated Nationals (SDN) list, Denied Persons List, Unverified List, Entity List, or similar lists maintained by other countries.
- You will not use, export, re-export, or transfer any part of the GammaAgent software or services to any end user or country in violation of these laws, nor will you use our Services for any purpose prohibited by U.S. law (such as in connection with the design or development of nuclear, missile, chemical, or biological weapons).
This export compliance clause shall apply in addition to any export terms in a separate license or contract (if one is signed). If you access the Website or GammaAgent from outside the United States, you do so on your own initiative and are responsible for compliance with your local laws, including export and import regulations.
Governing Law and Jurisdiction
These Terms and any disputes arising out of or related to these Terms or the use of the Website or GammaAgent will be governed by and construed in accordance with the laws of the State of New Jersey, USA, and applicable federal laws of the United States, without regard to its conflict of law principles. By using our Services, you agree that any dispute or claim will be subject to the exclusive jurisdiction of the state or federal courts located in the State of New Jersey, USA, and you consent to the personal jurisdiction of such courts. We retain the right to seek injunctive or equitable relief in any jurisdiction if necessary to protect our interests or enforce our rights.
Global Use: We recognize that our Website can be accessed worldwide and GammaAgent may be used in various jurisdictions. Although the laws of New Jersey govern these Terms, we aim to comply with applicable laws in the countries where we do business. If you are located outside the United States, you are responsible for ensuring that your use of the Services is compliant with any local laws. Note that information we collect may be transferred to and processed in the United States or other countries as described in our Privacy Policy.
Nothing in this section will limit any rights you may have under mandatory consumer protection laws or other laws of your jurisdiction that cannot be waived by contract. If you are a consumer in the European Union, for example, you may have the right to bring an action in the courts of the country in which you reside.
Changes to These Terms
BlueGamma may update or revise these Terms from time to time. If we make a material change, we will post the updated Terms on the Website and update the “Last Updated” date at the top (or otherwise notify users, such as through an email or pop-up, if required by law or if the changes are significant). Continued use of the Website or GammaAgent after any such updates constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you should stop using the Services and, if applicable, cancel any ongoing trials or notify us regarding your subscription.
We encourage you to review these Terms periodically to stay informed about our rules and your obligations. Any changes will not retroactively modify the parties’ rights and obligations for services already used or agreements already in place, except as required by law.
Miscellaneous
Entire Agreement: These Terms (along with any additional terms incorporated by reference, such as our Privacy Policy, and any separate written agreements you may have with BlueGamma) constitute the entire agreement between you and BlueGamma regarding the Website and GammaAgent, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between us regarding the same.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of BlueGamma.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. BlueGamma may freely assign these Terms (for example, in the event of a merger, acquisition, or internal reorganization) without notice to you. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
No Agency: No joint venture, partnership, employment, or agency relationship exists between you and BlueGamma as a result of these Terms or your use of the Services. You do not have any authority to bind BlueGamma in any respect.
Contact Information
If you have any questions, concerns, or comments about these Terms or the Services, please feel free to contact us:
- Email:sales@bluegamma.com (or the contact email provided on the Website’s Contact Us page)
- Website Contact Form:You may also reach out through the Contact Us form on our Website.
We will make an effort to respond to inquiries in a timely manner.
By using the BlueGamma Website or GammaAgent, you acknowledge that you have read, understood, and agree to these Terms and Conditions. Thank you for reviewing our Terms, and we appreciate your interest in BlueGamma and GammaAgent!
