Blueclone Networks Terms of Use

1. ELIGIBILITY AND AUTHORITY.

You must be at least eighteen (18) years old and legally capable of entering into these Terms. If you use the Site for an organization, you represent that you are authorized to bind that organization, and “you” includes both you and the organization.

2. PRIVACY AND ELECTRONIC COMMUNICATIONS.

Our Privacy Policy describes how we collect, use, disclose, and protect personal information. By submitting information through the Site or communicating with us electronically, you consent to electronic communications and represent that the information you provide is accurate, current, and lawfully provided. Electronic communications satisfy any legal requirement that a communication be in writing to the extent permitted by law.

3. ACCOUNTS, PORTALS, AND CREDENTIALS.

Certain Site features or linked portals may require an account. You are responsible for activity conducted through your account; for safeguarding passwords, authentication factors, encryption keys, recovery codes, and devices; and for promptly notifying Blueclone of suspected unauthorized access. You may not share credentials except with an authorized user as permitted by the applicable Client Agreement. Blueclone may reject, suspend, reclaim, or terminate an account or username and may preserve, restrict, or delete associated information as permitted by law and the applicable Client Agreement. Client portals and third-party platforms may be subject to additional terms.

4. PERMITTED USE AND LIMITED LICENSE.

Subject to these Terms, Blueclone grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for lawful internal business or informational purposes. No other right or license is granted. Blueclone may revoke this permission at any time.

5. PROHIBITED CONDUCT.

You may not, directly or indirectly: (a) violate law or third-party rights; (b) access or attempt to access nonpublic systems, accounts, data, or interfaces without authorization; (c) probe, scan, test, or circumvent security or authentication controls without Blueclone’s prior written authorization; (d) introduce malware or harmful code; (e) interfere with the Site or impose an unreasonable load; (f) scrape, harvest, crawl, index, copy, or extract Site content or data by automated means except as expressly permitted in writing or by a standard search-engine protocol; (g) use Site content to train, fine-tune, evaluate, or develop an artificial-intelligence or machine-learning system without Blueclone’s prior written consent; (h) reverse engineer, decompile, modify, frame, mirror, or create derivative works from the Site; (i) impersonate another person or misrepresent affiliation; (j) submit unlawful, deceptive, infringing, malicious, or confidential third-party material without authority; or (k) use the Site to compete with Blueclone or facilitate spam, fraud, or abuse.

6. ARTIFICIAL INTELLIGENCE AND AUTOMATED SYSTEMS.

Blueclone may use artificial intelligence, machine learning, automation, conversational agents, virtual assistants, and similar technologies (“AI Systems”) in connection with the Site and business operations. AI Systems may assist with website interactions, appointment scheduling, lead qualification, sales inquiries, inbound and overflow calls, service-ticket intake and routing, voicemail, outgoing calls, meeting participation, transcription, translation, summaries, quality assurance, analytics, security, documentation, and internal workflows.

AI Systems may interact with you by telephone, video, chat, email, SMS, or other channels and may generate or suggest content. AI-generated content may be incomplete, inaccurate, delayed, or inappropriate and is provided for convenience only. You must independently review important information and should not rely on an AI System for legal, regulatory, financial, medical, safety-critical, or emergency decisions. An AI System cannot amend an agreement, approve a change order, waive a right, provide a warranty, or otherwise bind Blueclone unless an authorized Blueclone representative confirms the action in a signed writing. Blueclone may use third-party AI providers subject to the Privacy Policy, applicable Client Agreement, and provider terms.

7. CALL, MEETING, AND COMMUNICATION RECORDING.

To the maximum extent permitted by applicable law, Blueclone reserves the right to monitor, record, transcribe, summarize, and analyze inbound and outbound telephone calls, video or web meetings, voicemails, chats, and other communications for service delivery, ticket documentation, training, quality assurance, security, compliance, sales, and business-record purposes. Recording or transcription may be performed by personnel, telecommunications platforms, meeting assistants, AI Systems, or other service providers.

Notice may be provided through an automated announcement, visual indicator, meeting invitation, written notice, or other legally sufficient method. By remaining on a call or in a meeting after receiving notice, you consent to the recording and related processing to the extent permitted by law. If you do not consent, notify the Blueclone representative before continuing and discontinue the recorded communication; another communication method may be offered when reasonably available. You represent that you will provide legally required notice to, and obtain legally required consent from, participants you invite or connect to a communication with Blueclone. Blueclone is not obligated to record or retain any communication, and the absence, failure, corruption, or deletion of a recording does not create liability.

8. SMS AND TELEPHONE COMMUNICATIONS.

Blueclone Networks, operated by Blueclone Networks, LLC (“Blueclone”), may send service-related SMS text messages to existing clients and authorized users who have expressly consented to receive such communications. Messages may include IT support ticket updates, service notifications, account and billing communications, appointment reminders, security notifications, and identity verification codes. This SMS program is not used for marketing or promotional purposes.

By providing a telephone number, you represent that you are authorized to use it. SMS consent is obtained through an applicable opt-in process, including express verbal consent during onboarding or support interactions. Providing a telephone number alone does not constitute consent to receive SMS messages. Consent to receive SMS communications is not a condition of purchasing services.

Message Frequency: Message frequency varies based on support activity, service requests, account notifications, and verification needs. Messages are not sent on a fixed schedule.

Message and Data Rates: Message and data rates may apply depending on your mobile carrier and service plan. Carriers are not responsible for delayed or undelivered messages.

Opt-Out: You may opt out of SMS communications at any time by replying STOP. You may receive one confirmation message. Other recognized opt-out keywords may include CANCEL, UNSUBSCRIBE, and END. Essential service notifications may instead be delivered through another permitted communication channel.

Help and Support: Reply HELP to any SMS message for assistance. You may also contact Blueclone Networks through our Contact Page.

Privacy: Blueclone Networks does not sell or share mobile phone numbers or SMS consent information with third parties for marketing purposes. Additional information about our data practices is available in our Privacy Policy.

Blueclone may also communicate by telephone, including through automated systems or AI-assisted technology, where permitted by applicable law and subject to any required notices or consents.

9. CONTENT, INTELLECTUAL PROPERTY, AND TRADEMARKS.

The Site and its content, design, software, text, graphics, photographs, video, audio, data, trademarks, logos, and other materials are owned by or licensed to Blueclone and are protected by intellectual-property and other laws. Except for the limited license in Section 4, no rights are transferred. You may not reproduce, distribute, publicly display, modify, publish, transmit, sell, license, remove notices from, or exploit Site content without Blueclone’s prior written permission. “Blueclone,” Blueclone’s logos, and related marks may not be used in a manner that implies sponsorship, affiliation, or endorsement.

10. FEEDBACK, SUBMISSIONS, AND TESTIMONIALS.

Do not submit confidential information through a public form unless the form expressly requests it. You represent that you have the necessary rights and permissions for information and materials you submit. You grant Blueclone a worldwide, non-exclusive, royalty-free license to host, reproduce, use, and process submissions as reasonably necessary to respond to you, operate the Site, provide requested services, protect Blueclone, and comply with law. Blueclone may use non-confidential ideas, suggestions, and feedback without restriction or compensation. Blueclone will use a client’s name, logo, testimonial, review, or case study for promotional purposes only with authorization or as otherwise permitted by the applicable Client Agreement.

11. THIRD-PARTY SERVICES AND LINKS.

The Site may link to or interoperate with third-party websites, portals, content, products, or services. Blueclone does not control and is not responsible for third-party availability, security, accuracy, content, privacy practices, or terms. A link does not constitute endorsement. Your use of a third-party service is at your risk and subject to that provider’s terms. Providers used in delivering Client Services may be identified in Blueclone’s Third-Party Services Schedule.

12. CHANGES, AVAILABILITY, SUSPENSION, AND TERMINATION.

Blueclone may change, update, suspend, restrict, discontinue, or retire any Site feature, content, interface, or availability at any time, with or without notice. Blueclone may suspend or terminate your access if it reasonably believes you violated these Terms, created risk, failed to pay an applicable charge, or used the Site in an unacceptable or unlawful manner. Provisions that by their nature should survive termination will survive.

13. SOFTWARE, UPDATES, AND OPEN-SOURCE COMPONENTS.

Software or tools made available through the Site may be subject to additional license terms. Blueclone or a provider may deliver automated patches, updates, configuration changes, or replacements addressing security, compatibility, performance, or functionality. Some components may be governed by open-source licenses, which control solely with respect to those components.

14. NO THIRD-PARTY AUTHORITY.

No referral source, reseller, consultant, AI System, chatbot, telecommunications provider, or other third party has authority to bind Blueclone or make a warranty, commitment, representation, amendment, or waiver on Blueclone’s behalf. Blueclone is bound only by a written commitment made by an authorized representative in accordance with the applicable agreement.

15. DISCLAIMER OF WARRANTIES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, DOWNLOADS, AI-GENERATED CONTENT, LINKS, AND FEATURES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” BLUECLONE AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS, RESELLERS, CONTRACTORS, AND AGENTS (COLLECTIVELY, THE “BLUECLONE PARTIES”) DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, SECURITY, AND AVAILABILITY. THE BLUECLONE PARTIES DO NOT WARRANT THAT THE SITE OR ANY OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPLETE, CURRENT, OR SUITABLE FOR YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED.

16. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BLUECLONE PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES; LOSS OF PROFITS, REVENUE, SAVINGS, GOODWILL, BUSINESS, OPPORTUNITY, USE, OR DATA; BUSINESS INTERRUPTION; COMPUTER FAILURE; OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THE SITE OR THESE TERMS, REGARDLESS OF THEORY AND EVEN IF ADVISED OF THE POSSIBILITY.

THE BLUECLONE PARTIES’ TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THIS SECTION DOES NOT ALTER A LIABILITY CAP IN A CLIENT AGREEMENT, WHICH CONTROLS FOR CLAIMS GOVERNED BY THAT AGREEMENT. THE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOTWITHSTANDING FAILURE OF ESSENTIAL PURPOSE.

17. INDEMNIFICATION.

You will defend, indemnify, and hold harmless the Blueclone Parties from claims, damages, judgments, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to: (a) your use or misuse of the Site; (b) your submissions; (c) your violation of these Terms, law, or third-party rights; (d) unauthorized use of your account; or (e) your failure to provide legally required notice or obtain legally required consent for a recorded or AI-assisted communication. Blueclone may assume exclusive control of the defense, and you will cooperate. You may not settle a claim imposing liability, admission, or obligation on a Blueclone Party without Blueclone’s written consent.

18. INJUNCTIVE RELIEF.

Your actual or threatened violation of Blueclone’s intellectual-property, confidentiality, access-control, or security rights may cause irreparable harm for which monetary damages are inadequate. Blueclone may seek injunctive or equitable relief without waiving other remedies and, to the extent permitted by law, without posting bond.

19. GOVERNING LAW AND VENUE.

New Jersey law governs these Terms without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Except where applicable law prohibits it, each party irrevocably submits to the exclusive jurisdiction and venue of the state and federal courts located in Mercer County, New Jersey, and waives objections based on inconvenient forum or lack of personal jurisdiction.

20. CHANGES TO THESE TERMS.

Blueclone may update these Terms by posting the revised version and changing the “Last Revised” date. Material changes apply prospectively. When reasonably required by law, Blueclone will provide additional notice. Continued use of the Site after the effective date constitutes acceptance of the revised Terms. A change to these Terms does not modify a Client Agreement except as that agreement expressly permits.

21. ELECTRONIC NOTICES.

Where you provide contact information or maintain an account, Blueclone may deliver notices by email, account or portal notification, software alert, SMS where permitted, or posting on the Site. You are responsible for maintaining current contact information and monitoring designated channels. Notice is effective when sent or posted, except where law or an applicable Client Agreement requires otherwise.

22. ASSIGNMENT; SUCCESSORS.

You may not assign or transfer these Terms or any right or obligation without Blueclone’s prior written consent. Any prohibited assignment is void. Blueclone may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, financing, sale of assets, change of control, or by operation of law. These Terms bind and benefit the parties and their respective successors and permitted assigns.

23. GENERAL TERMS.

These Terms and the Privacy Policy are the entire agreement concerning the Site, but do not supersede a Client Agreement. If a provision is invalid or unenforceable, it will be enforced to the maximum permissible extent and the remainder will remain effective. Failure to enforce a provision is not a waiver. Headings are for convenience only. No agency, partnership, joint venture, employment, fiduciary, or franchise relationship is created. Blueclone is not liable for delay or failure caused by events beyond its reasonable control. The English version controls. These Terms do not create third-party beneficiary rights.

24. INTERNATIONAL USE.

The Site is controlled from the United States and is not represented as appropriate or available in every jurisdiction. You are responsible for compliance with applicable local import, export, sanctions, privacy, communications, and other laws. You may not use the Site if doing so would subject Blueclone to obligations or jurisdiction beyond those Blueclone has expressly accepted in writing. If local law prohibits these Terms or your use, you must discontinue use.

25. CONTACT.

Questions about these Terms may be submitted through Blueclone’s contact page.