For the purposes of this Agreement, the following definitions shall apply:
|The Company||BlueCamroo Inc, whose place of business is 3100 Steeles Avenue West, Concord, ON, Canada, together with any assignee or successor thereof.
References to “us” and “our” relate also to the Company.
|The System||The BlueCamroo hosted business management application, including any extensions or interoperable components thereof provided by the Company.|
The System is currently constituted of CRM Free, which is the base-foundation of the entire System, and 4 paid extensions, each with unique feature sets:
|The Email Marketing Module||A discrete module, provided as an integrated tool within and forming part of the System for the purpose of sending email marketing newsletters and similar mass email communications to the Account Holder's customers and other persons to whom the Account Holder has legitimate authority to send commercial emails.|
|The Social Scout Module||A discrete module, provided as an integrated tool within and forming part of the System for the purpose of receiving and sending communications via online social networks; for searching within the updates provided by online social networks, and for integrating customer and contact data held in online social networks with related data held within BlueCamroo.|
|The Service||The BlueCamroo website, the System, data storage services, System-generated messages (whether by email, SMS or other format), customer forum, blogs, online/email-based support services, together with any related downloadable software, data or documentation provided by the Company.|
|Ancillary Services||Other services, whether related or unrelated to the System, that may be offered or provided from time to time by the Company, its assignees, partners, affiliates or successors, including but not limited to consultancy services, or systems integration which do not form part of The Service, and are subject to separate terms and conditions.|
|The Account||A system account within the System, comprising a related group of data, resources and users of The Service.|
|The Account Holder||The person who registers the Account, jointly with any company or other legal entity for whose benefit the Account is registered, and any successors thereof to whom the Account Holder for the time being transfers responsibility for managing the Account. The Company shall deem any person who accesses the Account by means of the Account Holder’s user name and password to be the Account Holder, and to be entitled to deal in all manners with the Account, including terminating the Account and deleting all data.
References to “you” and “your” relate also to the Account Holder.
References to the Account Holder in the masculine also include the feminine.
|Internal User||The Account Holder may add additional users within the System. An Internal User is a user that may enjoy potentially full access to all features of the System (subject to permission controls). Internal Users will typically be (but are not required to be), colleagues, employees, associates or sub-contractors of the Account Holder.
System charges are calculated with reference to the number of Internal Users. Internal Users include the Account Holder.
|External User||An External User will typically be (but is not required to be) a client / customer or independent supplier of the Account Holder. External Users have limited access to the System, and are provided features that are specifically adapted to interacting in the client/customer role. No charge is made for External Users to access the Account.|
TThe BlueCamroo Service is provided ‘as-is’, without any warranty of fitness or suitability to the needs or requirements of the Account Holder. The base-foundation of the System is CRM Free module available free of change for up to 4 (four) Users and is open to an Account Holder for an immediate use. The Account Holder hereby acknowledges and confirms that, through the provision of a Free Trial period for any additional paid extensions, they have been afforded fair opportunity to evaluate the Service and make their own assessment of its suitability before making any purchase. By renewing or continuing to use the Account, the Account Holder acknowledges and confirms that the Service continues to meet their needs and requirements to their own satisfaction, and is without material defects.
The Account is created by the Account Holder through registering at the Company’s website: https://www.bluecamroo.com. Provision of the Account is at the sole discretion of the Company, and is subject to the following terms (“the Account Terms”):
The BlueCamroo name, logo, website, System, and all other textual and visual artifacts and functional characteristics of the Service are the copyright and intellectual property of the Company.
The Company hereby acknowledges the intellectual property rights of the Account Holder in any content uploaded to, or communicated through, the Service, and will take all reasonably precautions to protect the confidentiality of such communications.
The Company hereby asserts that its role in providing the Service is to offer a data repository and communications platform for the Account Holder’s lawful business data storage and communications needs. The Company does not in any way supervise the content created in the Service, and disclaims any and all responsibilities normally ascribed to a publisher.
In the event that any third party claims their intellectual property rights to be infringed by content created in the Service by the Account Holder, BlueCamroo shall require the Account Holder to promptly remove such infringing information. In the event that the Account Holder fails to do so, the Company reserves the right to delete such content, and shall charge an administration fee to the Account Holder in such an amount as it shall reasonably determine to reflect the costs, time and effort expended in so doing.
Rather than charging clients a flat fee per user per subscription period, BlueCamroo employs a User-Role subscription model that allows businesses to mix and match functionality for each user by selecting a fitting System’s paid extension and assigning it/them as User-Role(s) for each individual user. As a result, during a subscription period, businesses are able to pay only for the features they consider essential for their users to perform their jobs proficiently.
Each BlueCamroo user within an account will have a minimum 1 (one) User-Role: CRM Free, which is the base-foundation of the System; up to four (4) CRM Free User-Roles within an Account are available for free as stand-alone User-Roles. Additionally, each user can have multiple User Roles assigned to them.
Assigning a new User-Role to a user, other than one (1) of four (4) permitted free of charge CRM Free User–Roles or outside a Free Trial period will automatically trigger a billing action from the System, where a valid payment card must be already present or entered into the System by an Account Holder before any assigned new User-Role is enabled.
All Accounts can benefit from an Initial Free Period ("Free Trial") of any of the System’s paid extensions that are automatically proffered to all team members of the Account Holder business. Unless otherwise stipulated during the signup process and accepted by the Account Holder, the duration of the Initial Free Period per the System extension shall be 14 days from the date of signup or from the date when such free trial has been initiated by an Account Holder from inside the System by assigning a new User-Role to one of the users.
During a Free Trial of any of the System’s paid extension all involved team members with their User-Role enabled to a trialed paid extension are, by default, granted an unrestricted access to all features of the evaluated System’s paid extension as authorized by the Account Holder Company’s System Administrator. They are not limited ‘trial accounts’, and can be continued beyond the end of the Initial Free Period as standard, paid-for BlueCamroo Accounts.
The Account Holder may initiate a multiple Free Trials of any paid extension at any time, but only one Free Trial per unique paid extension is permitted per workspace. Upon special request, and at the Company’s discretion a secondary Free Trial of a unique paid extension can be granted.
In all cases, all relevant data collected during a Free Trial of the tried System paid extension and all applicable newly created procedures, templates, forms, workflows, reports etc. will remain within the Account, yet it will be disabled and not accessible.
BlueCamroo Users have unrestricted access to all supporting materials (Help pages, Guides, Videos, Walkthroughs, etc...) for as long as their account is active.
During the Free Trial period Users are able to generate Support Tickets and, during BlueCamroo normal business hours, Users will have access to Live Chat support to help them become familiar with the tried System paid extension.
Once the Free Trial period of a paid extension is over an Account Holder will have two choices:
BlueCamroo offers free CRM features, also known as ‘CRM Free‘. There is no cost for subscription for up to four (4) users, except paid add-ons, such as email credits used within the Email Marketing Module, which must be purchased from the Company. Due to an innovative User Role subscription model, CRM Free User Role is automatically extended to all other users of any paid extensions.
CRM Free Accounts will always have access to all the supporting materials (Help pages, Guides, Videos) for as long as their account is active, but additional Support they receive is as such:
For the first 14 days CRM Free User-Role Users:
After the first 14 days BlueCamroo support ticket guaranteed response time will increase to 7 days and the Company will determine whether each support inquiry needs to be charged for. In which case, a quote will be provided before issue resolution.
Also, Users can purchase support service on a case-by-case basis or they can also purchase onboarding services for their workspaces.
Payments for the Service are due in advance by credit card (and additionally by debit card in certain markets) showing the Visa or MasterCard logo at monthly or annual intervals according to the selected payment frequency of the Account.
The Company shall send an email to notify the Account Holder 7 days before the expiry of the Initial Free Period inviting the Account Holder to Confirm the Account, whereby the Account Holder authorizes collection of payments from their Credit or Debit Card.
If a valid payment card information is stored in the System (fully encrypted within the System) all subsequent payments will be automatically collected at monthly or annual intervals as stipulated by the Account Holder, and the Company shall issue a Confirmation Invoice on receipt of each payment.
It is the responsibility of the Account Holder to ensure that valid payment card details are maintained with the Account to allow collection of charges as they fall due. In the event that a payment cannot be collected for any reason, the Company may at its sole discretion offer a Grace Period of up to 7 days, during which time the Company shall make reasonable endeavors to contact the Account Holder, and shall re-attempt collection each day. Should payment remain outstanding thereafter, the Account will be automatically suspended. Should payment remain outstanding beyond 14 days after the original due date, the Company has the right to cancel the Account, and delete all data.
Important: The Grace Period for payments is at the Company’s sole discretion, and may be withdrawn from Account Holders without warning due to repeated difficulties in collection.
Monthly subscription payments for the Service are due in advance on the same day of each month. Where a payment falls due on a day of the month that does not exist, such as February 30th, the payment will become payable on the last available day before that date, and subsequent payments will continue monthly from this earlier date. The first Payment is due at the end of the Initial Free Period.
BlueCamroo offers the option of an Annual Plan, at a cost nearly equal to 10 months of the equivalent monthly plan. The first annual Payment is due at the end of the Initial Free Period, and subsequent payments fall due on the same day and month of each following year.
Annual Plan payments should normally be made by credit or debit card, as for monthly plans, however the Company also accepts by prior arrangement US$ check payments or direct deposits in US$ into its US$ bank account. Please note that any direct deposit (e.g. wire transfer) should be made with all charges payable by sender. If there is any shortfall in the received amount due to charges applied by the sender's bank, the Company's bank, or any intermediary bank, this will result in a pro-rata reduction in the term of the paid subscription (such reduction to be calculated pro-rata to the full annual payment, and rounded up to the next whole day if applicable).
The Account Holder may upgrade by adding new users or adding new User-Roles to existing users, Downgrade by removing users or removing User-Roles from existing users or Cancel the Service at any time.
Any requested change to the Service will be effective immediately, and any increased / decreased rate of charges will apply from the next monthly regular payment date, there will be no additional charge for increased Service levels between the date of any Upgrade and the next regular payment date.
There will be no refund or prorated refund for cancelling before the scheduled billing date.
Once an Account Holder has cancelled their Account, all data inside the workspace will be deleted immediately and permanently. Downgrading a paid extension to a free account will not cause data to be deleted. Data related to downgraded extensions will be locked and inaccessible, however it will be available to be exported from the System.
The Account Holder may upgrade by adding new users or adding new User-Roles to existing users, Downgrade by removing users or removing User-Roles from existing users or Cancel the Service at any time.
Annual Plan upgrades are effective immediately, and result in an additional charge calculated as 10x the difference between the original and the new plan subscription level, applied pro-rata to the number of days remaining to the Account plan anniversary. The additional charge will be collected automatically from the stored payment card, or may be paid by check or direct deposit as detailed above within a maximum of 7 days from the date of upgrade.
Once an Account Holder has cancelled their Account, BlueCamroo will delete the data inside the workspace immediately and permanently. Downgrading a paid account to a free account will not delete any data. Data inside locked areas of the system can be exported.
If the Account Holder is not satisfied with its initial purchase of an annual subscription, they may terminate the service by providing us a written notice, within 30 days of having first subscribed. In the event that Account Holder terminates such initial purchase of a Service within the Refund Period, we will refund Account Holder the prorated portion of their subscription fees.
A monthly-paid Account may transfer to the equivalent Annual Plan at any time. The first Annual payment will be due at the next normal monthly plan payment date, and annually thereafter.
An annually-paid Account may transfer to the equivalent Monthly plan at its next anniversary. The first monthly payment will fall due on the normal Annual payment date, and subsequently each month thereafter at the normal monthly rate.
The Company intends to continually develop, extend and improve the Service. As such, new features will be added to the Service from time to time, and certain existing features may be modified or withdrawn.
The Company reserves the right to modify these Terms, together with the price of the Service and any limits or allowances of disk space, bandwidth or other resources at any time. Such modifications shall be notified to the Account Holder by email, and shall become effective from the next monthly or annual renewal of the Account. Account Holders who do not wish to continue the Service on the modified terms should cancel their Account before it renews.
The Company will not alter cost of the monthly subscription plan of an Account Holder for the existing System’s paid extensions, however it can offer new paid extensions and premium add-ons at an additional price.
The System’s Sales and Marketing and Projects extensions offer a Website Development Platform (WDP) where users can create websites, microsites, or landing pages for their own benefit or for their clients as a product. Websites built on the WDP must be hosted on BlueCamroo. The company offers three different hosting packages based on the projected usage of the website. If someone wants to move a website off BlueCamroo’s hosting services then the company will charge ($500 USD for a standard website, $1,000 USD for an ecommerce website) to gather and transfer the files to the user. Only websites built or transferred to the WDP can be hosted on BlueCamroo.
The Account Holder is responsible for procuring the rights to all media (including content, pictures, video, etc…) displayed on the website. BlueCamroo is not liable in any copyright infringement resulting from the use of unlicensed intellectual property.
If the website’s hosting invoices are unpaid the Company will automatically suspend the hosting of the website until the account is in good standing and at the Company’s discretion standard website reinstating fee could be applied to such website.
The Company makes no warranty of the fitness or suitability of the Service for the Account Holder’s needs. Furthermore, while the Company will make all reasonable endeavors to ensure the continuous availability of the Service, it does not make any warranty or representation that the Service shall be available without interruption or defect at any time.
The Service is renewable month-to-month, and is payable monthly in advance. Accordingly, the maximum compensation available for any failure by the Company to deliver any aspect of the Service shall be one month’s Service charges (if the Account Holder is paying annually the maximum compensation will be 1/12th of the annual fee), at the Account Holder’s selected service level.
The Company shall not under any circumstances be liable for any indirect or consequential losses, including but not limited to inconvenience, delay, loss of profit or loss of reputation, whether arising from Service interruption, error in processing or loss of data within the system.
BlueCamroo shall not under any circumstances be liable for any data breach if a third party gains access to personal data via a lost password, virus, malware on an affected access point device or any other user-prompted error made outside of our control.
In the event that the Account Holder is in breach of this Agreement, the Company may, at its sole discretion, Suspend or Terminate the Account, without compensation. In all other circumstances, the Company shall have a general right to terminate the Service of giving at least 6 months’ notice.
The Company may also terminate this Agreement for cause on thirty (30) days notice if it is determined that the Account Holder or Users within the System are acting, or have acted, in a way that has or may negatively reflect on or affect the Company.
This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
While the System offers a HIPAA and PIPEDA compliant service, where users can safely store Personal Health Information (PHI), the information is stored in Microsoft’s Azure Cloud (For more information on Microsoft’s HIPAA compliance and guideline click here).
BlueCamroo encrypts each browser session and stores the information in the Microsoft Azure Cloud. We also offer a highly granular permission system that allows the Admin to define the access to information of each user.
To read more about BlueCamroo’s HIPAA and PIPEDA compliance click here.
The Email Marketing Module is provided for the purpose of sending email marketing newsletters and similar mass email communications to the Account Holder's customers and other persons to whom the Account Holder has legitimate authority to send commercial emails. The Account Holder is solely responsible to ensure that its use of the Email Marketing Module is not in violation of the CAN-SPAM Act, CASL (Canada's Anti-SPAM Law), or any other regulations that restrict or prohibit the sending of mass unsolicited commercial emails in any relevant jurisdiction.
Use of the Email Marketing Module may be subject to additional charges, applied through the purchase and expenditure of Campaign Email Credits. Campaign Email Credits may be purchased at rates set out in the extended pricing table on the BlueCamroo website, at https://www.bluecamroo.com/bluecamroo-pricing-add-ons, and - except as otherwise provided under any special promotions or other arrangements - are expended at the rate of 1 Campaign Email Credit per email sent through the Email Marketing Module, regardless of whether these are successfully delivered to an active email address.
Campaign Email Credits that are unused at the end of each billing month are simply rolled over to the next month indefinitely (i.e. there is no expiry of unused Campaign Email Credits) for so long as the Account remains in existence and in good standing. Campaign Email Credits are non-refundable, and non-transferable. In the event that a balance of Campaign Email Credits exist when the BlueCamroo Account is cancelled or otherwise terminated, these will expire without value.
As an alternative to Campaign Email Credits the account holder can link the Email Marketing Module to their own external SMTP server at no additional cost.
The Email Marketing Module includes facilities to send "immediate", "scheduled" and "triggered" emails. Emails to be sent are added to a mail server queue, and sent out in batches several times each hour. The terms "immediate" and "scheduled" refer to the time when campaign emails are added to the mail server queue. The Company does not undertake that emails will be sent or delivered 'immediately', nor at a precise time specified by the Account Holder when configuring a scheduled email campaign.
The Company makes all reasonable endeavors to ensure the deliverability of emails sent through the Email Marketing Module, however deliverability is subject to multiple factors outside the Company's control, including the accuracy of email addresses recorded by the Account Holder, the content of the Account Holder's email communications, changes in SPAM filtering methods, and the configuration of the intended recipient's email systems. The Company therefore does not guarantee that emails sent will be received.
The Social Scout Module is provided for the purpose of enabling the Account Holder to display and store updates from selected Online Social Networks within the contact records of its customers, prospects and other contacts; to glean marketing insight and other market intelligence from those Networks; and to communicate by means of posting updates and other permitted messages. Access to the supported Online Social Networks is made on behalf of the Account Holder and (optionally) of the other Users of the Account via Application Programming Interfaces ("APIs") provided by each supported Online Social Network for that purpose, using their supplied user names and passwords.
The Account Holder is solely responsible to ensure that use of data derived from any Online Social Network is in accordance with the terms and conditions of that Network, and with all relevant legislation made for the purposes of data protection.
The Social Scout Module is provided without additional charge as an included component of the System. Over and above its general right to modify pricing or terms of the Service, however, the Company hereby gives notice that this will be reviewed and separate charges for the Social Scout Module will be introduced in the event that one or more supported Online Social Networks introduce charges for access to their APIs that materially impact the Company's costs in providing the Social Scout service.
The Social Scout Module gathers data from, and communicates updates to, each Online Social Network via their relevant APIs. The Company has no control over the accuracy of data supplied to it via the Online Social Network's APIs, nor any control over the processing of updates and messages posted into any Online Social Network service after it is submitted. Each Online Social Network imposes limits on the number of API transactions (data requests and updates) that may be effected over various time periods, and has its own policies regarding treatment of excess transactions. Furthermore, when a particular Online Social Network is experiencing high traffic volumes or is unavailable, it may fail to respond to API requests, or to process updates correctly or at all. Consequently, certain messages that match saved search criteria within the Social Scout Module may fail to be 'found', and messages posted via the Social Network Module may be discarded by the intended Online Social Network and thereby permanently lost.
The features of the Social Scout Module are constrained by the capabilities of the API provided by each supported Online Social Network. In the event that the supported Online Social Networks extend their APIs to provide new capabilities, the Company may at its sole discretion enhance the Social Scout Module to take advantage of these. Conversely, should any API feature on which the Social Scout Module depends be withdrawn, the Company may be obliged to vary the feature-set and functionality of the Social Scout Module accordingly, potentially at short notice or with no prior notice.
By using the Social Scout Module, the Account Holder explicitly recognizes and accepts that deliverability of posted updates is not guaranteed, and that the Social Scout service may be from time to time slow, interrupted or unavailable for reasons outside the Company's control.
Last Updated: October 6th, 2021