TERMS AND CONDITIONS

This Agreement was last revised on January 15th, 2021.

INTRODUCTION

Blue Mirror (“Application”) owned and managed by BLUE MIRROR LIMITED welcomes you.

We offer you access to our services through our “Application” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you. By accessing and using this Application, you acknowledge that you have read, understood and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Application.

DEFINITIONS

“Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Application;
“Service” or “Services” refers any service shown below, which we may offer from our Application.
“User”, “You” and “Your” denotes to the person who is accessing the Application for taking or availing any service from us;
“Customer” or “Member” refers to the users, accessing the Application for taking various services from the app;

“We”, “us”, “our” are references to BLUE MIRROR LIMITED;
”Application” shall mean and include Blue Mirror, and any successor Application of the Company or any of its affiliates;
"Member Account” shall mean an electronic account opened for the User for availing various services offered in the Application;

INTERPRETATION

All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".

Words used herein regardless of the number and gender specifically used shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.
Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

SCOPE

Scope. These Terms govern your use of the Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Services, which are governed by their own terms of service.

Eligibility and Children Policy: Our Service does not address anyone under the age of 18. or to any users suspended or removed from the system by us for any reason.
Electronic Communication: When you use this Application or send e-mails and other electronic communications, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

SERVICES

The Blue Mirror is an artificial intelligence application that trains users in the correct process of donning and doffing PPE. Blue Mirrors provides a digital mirror interface with visual and audio guidance. Blue Mirror monitors for common errors in the process providing instant feedback when something goes wrong.

MODIFICATION

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Application. Your continued use of the Application following the posting of changes will mean that you accept and agree to the Changes.

REGISTRATION

For accessing the Application and using its Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You accept that the details you provide about establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

Registration and Access

The Application is subscription based.

Notifying Security incidents

Email to security@bluemirror.ai

Phone: +64 21 891 841

PAYMENT AND REFUND

All the purchase for any service available on the Application shall be governed by our terms and conditions.
For availing any service available on the Application, the user has to subscribe to the appropriate Subscription Plan according to his requirements. You will be liable to pay us based on the Subscription Plan chosen.
While providing your details you must be careful and warrant that the information provided is true and accurate.
Payment mode shall be: Bank Transfer.
When you purchase a Subscription Plan, you expressly authorize us (or our third-party payment processor) to charge you for the term of your Subscription each time your payment is due under your Subscription Plan.

We may ask you to supply additional information relevant to your Transaction, including your credit card number (or other payment information), the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”).
You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.
When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges).
Subscriptions: If you purchase a Subscription, you will be charged the monthly and annual (as applicable) Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your subscription and each month or year (as applicable) thereafter, at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations before cancellation of your Subscription by you or us.
If you wish, you can cancel your subscription at anytime. No refund will be applicable on the cancellation/termination of a subscription, however you can still use the applicable paid service until the end of the terms you paid for.

We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
We take customer feedback very seriously and use it to constantly improve our products and quality of service.

DELIVERY OF SERVICE

The delivery will be in the form of an account that has access to the Application.

LIMITED GUARANTEE

By this Application:

We provide an opportunity for you to avail the offered Services by our Application.
We do not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If a Service offered by the Application is not as described, your sole remedy is to intimate us about Services for taking further action.

GEOGRAPHIC RESTRICTION

Although the information on this Application is accessible worldwide, not all services discussed in this Application are available to all persons or in all geographic locations or jurisdictions. We reserve the right, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Application is invalid where banned.

USER RESPONSIBILITIES

You shall use the Service and Application for a lawful purpose and comply with all the applicable laws while using the Application;
You shall not use or access the Application for collecting any market research for some competing business;
You will inform us about anything that is inappropriate or illegal in the Application;
You will not interfere with or try to interrupt the proper operation of the Application through the use of any virus, device, transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Application through hacking, password or data mining, or any other means;

GENERAL CONDITIONS

For the Users

We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as- they apply to the Service.

You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way.
You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions.
Blue Mirror reserves the right to suspend/terminate usage or access to the platform or system.

DATA OWNERSHIP, AND REMOVAL

Data Ownership

Title to (and all Intellectual Property Rights associated with) data input by you into our Sites or Apps relating to you and/or your business remains your property. However, in using our Apps and Sites you agree to grant us a perpetual, sub-licensable license to use, store and copy your data.

Where we, our Apps or Sites create derived data from data inputted by you, the ownership of any derived data shall be retained by Blue Mirror Limited and/or its subcontractors, agents and third party data providers, as appropriate.

Data Removal Request

The data removal request must be made by an authorised person within the customer’s organisation, in writting.

Upon authority confirmation, the data removal will be scheduled for a day not less than 7 calendar days in the future.

The customer will be notified about the acceptance of the request and the scheduled date for it to take place. The custormer must confirm in writing the intention to remove the data.

EXCLUSION OF LIABILITY

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of Blue Mirror Application including loss of data or information or any kind of financial or physical loss or damage.

In no event shall BLUE MIRROR LIMITED, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage; (iv) the outcome of training, lack of training, wrongful practice, infection and contamination, wrongful execution of PPE protocols, wrongful detection of PPE errors, lack of detection of PPE errors.

NO RESPONSIBILITY

We are not responsible to you for:

any reliance that you may place on any material or commentary posted on our Application; or
any losses you suffer because the information you put into our Application is inaccurate or incomplete; or
any losses you suffer if you misrepresent any fact which may influence the Service provider’s decision to accept the risk or the terms offered; or

any losses you suffer because you cannot use our Application at any time; or
any errors in or omissions from our Application; or
any losses as consequence of infection by your employees, service providers, visitors, customers or patients; or
any losses as consequence of bad PPE practice by your employees, service providers, visitors, customers or patients; or
any unauthorized access or loss of personal information that is beyond our control.

PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Application, you approve Blue Mirror to use, store, or otherwise process your personal information as per our Privacy Policy.

FREE TRIAL ACCOUNTS

In order to enable the continuous learning of the system, Free trial accounts authorize Blue Mirror algorithms to select and securely store images of the system in use.

ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Application and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the Application will operate error-free or that the Application, its servers or its content or service are free of computer viruses or similar contamination or destructive features.

We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, merchantability, non-violation of third parties’ rights, and fitness for particular purpose and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation with any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the Application or the content, even if we have been recommended of the possibility of such damages.

The Application may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any such typographical, technical, or pricing errors recorded on the Application. The Application may contain information on certain services, not all of which are available in every location. A reference to a service on the Applications does not suggest that such service is or will be accessible in your location. We reserve the right to do changes, corrections, and/or improvements to the Application at any time without notice.

The Application contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no right to use the content, and you will not take any Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Application or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Application automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Application are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Application. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the law of New Zealand and the State of Auckland without giving effect to any principles of conflicts of law. The courts of State of Auckland shall have exclusive jurisdiction over any dispute arising from the use of the Application.

FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure to perform our or its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at hello@bluemirror.ai.