Terms of Service

Last updated: 1 January 2025 · Nuvarex Fylerix LLC

1. Agreement to Terms

By accessing or using the Bluemarkd platform ("Service"), operated by Nuvarex Fylerix LLC, 30 N Gould St Ste N, Sheridan, WY 82801, USA ("Company", "we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

2. Description of Service

Bluemarkd is an AI-powered competitive intelligence software platform that provides:

The Service is provided as software-as-a-service (SaaS). Customer success hours are a supplementary benefit included in certain subscription tiers and do not constitute the primary service offering.

3. Subscriptions and Billing

Bluemarkd subscriptions are billed on a monthly basis. All payments are processed by Paddle.com Market Ltd., which acts as the Merchant of Record on behalf of Nuvarex Fylerix LLC. By purchasing a subscription, you agree to Paddle's terms and conditions in addition to these Terms.

Invoices for subscription fees are issued by Paddle.com Market Ltd. Nuvarex Fylerix LLC is not the invoicing entity for billing purposes.

Current subscription tiers:

Prices are exclusive of applicable taxes. VAT and other applicable taxes are calculated and collected by Paddle at checkout.

4. Free Trial

New users may access a 14-day free trial. No payment information is required to begin the trial. At the end of the trial period, continued access requires an active paid subscription.

5. Cancellation

You may cancel your subscription at any time via the Paddle billing portal accessible from within the Bluemarkd dashboard. Cancellation takes effect at the end of the current billing period. No partial refunds are issued for the remaining days of a billing period, unless otherwise required by applicable law.

6. Acceptable Use

You agree not to use the Service to:

7. Intellectual Property

The Bluemarkd platform, including its software, design, trademarks, and AI-generated report formats, is the exclusive property of Nuvarex Fylerix LLC. You retain ownership of any data you provide as inputs. AI-generated reports produced by the Service using your inputs are licensed to you for internal business use.

8. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described therein.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, or that intelligence reports will be accurate or complete. AI-generated analysis is provided for informational purposes only and does not constitute professional business, financial, or legal advice.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Nuvarex Fylerix LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service. Our total liability shall not exceed the amount paid by you to Paddle in the three months preceding the claim.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notice at least 14 days before taking effect. Continued use of the Service after that date constitutes acceptance of the updated Terms.

12. Governing Law

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict of law provisions. Any disputes shall be resolved in the courts of Sheridan County, Wyoming.

13. Contact

For questions regarding these Terms, contact us at:
Nuvarex Fylerix LLC
30 N Gould St Ste N, Sheridan, WY 82801, USA
Email: [email protected]