Legal
Terms & Conditions
End User License Agreement (EULA)
ERBLUE, INC. LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT" or "EULA"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING THIS COMPUTER SOFTWARE AND THE ACCOMPANYING DOCUMENTATION (THE "SOFTWARE"). THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS EULA, NOT SOLD TO YOU. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS EULA, DO NOT USE THE SOFTWARE. THIS EULA IS A LEGAL AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU, AS EITHER AN INDIVIDUAL OR A SINGLE BUSINESS ENTITY AND ERBLUE. THIS AGREEMENT SUPERCEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH ERBLUE RELATING TO THE SOFTWARE.
Account Terms
- You must be 18 years or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
- You are responsible for maintaining the security of your account and password. erblue cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- If you are using a free account you are not permitted to block ads.
- One person, customer, or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by erblue.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. Other than free applications, a subscriber will be billed for each user of the application package by erblue.
- A fee based service or application is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. erblue does not accept any liability for such loss.
Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. However, any projects, locations and/or documents that you have shared will remain in the possession of the user that you shared them with so long as that user's account remains active.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
erblue, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other erblue service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the deletion of all Content in your Account. erblue reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
erblue reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 60 days notice from us. Such notice may be provided at any time by posting the changes to the erblue site (<www.erblue.com>) or the Service itself.
erblue shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Assent to Be Bound
By executing a written copy of this Agreement, or by otherwise using this Software, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not download, order, open, install or use the Software or product package. Contact erblue to arrange the return of the Software and accompanying materials to at no charge to you.
DISCLAIMER
LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY ON THE PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS. END USER IS RESPONSIBLE FOR AND AGREES TO COMPLY WITH ALL OTHER THIRD PARTY LICENSE AGREEMENTS. IN ADDITION, END USER AGREES TO IMMEDIATELY ACCEPT ALL UPDATES AND UPGRADES PROVIDED BY LICENSOR.