The Services are owned and operated by Cherry Wood Software Ltd (incorporated and registered in England and Wales with company number 09547944 whose registered office is at 28 Ferndale rd, Teignmouth, TQ14 8NH (‘Blue Cat Reports’)). The terms ‘you’ or ‘your’ refers to the accountholder or user of the Services.
Please read these terms and conditions carefully before accessing or using the Services. By accessing or using any part of the Blue Cat Reports website, you agree to become bound by these terms and conditions. If you do not agree to these terms and conditions in full and without modification, then you may not access or use the Services.
Subject to these terms and conditions, upon creating an account on Blue Cat Reports, Blue Cat Reports shall provide you with a non-exclusive, non-transferable right to use the Services solely for your internal business operations.
You are responsible for maintaining the security of your account. You are also fully responsible for all activities that occur under the account and any other actions taken in connection with the account.
You must immediately notify Blue Cat Reports of any unauthorized uses of your account or any other breaches of security. Blue Cat Reports will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the Services that:
and Blue Cat Reports reserves the right, without liability or prejudice to its other rights, to disable your access to any material that breaches the foregoing provisions.
You shall own all right, title and interest in and to all of your data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of your data.
In the event of any loss of or damage to your data, your sole and exclusive remedy shall be for Blue Cat Reports to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up. Blue Cat Reports will not be responsible for any loss, destruction, alteration or disclosure of your data caused by any third party.
You acknowledge that the Blue Cat Reports website or the Services may enable or assist you to access the website content of, purchase products and/or services from, third parties via third party websites and that you do so solely at your own risk.
Blue Cat Reports makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of any such third party website or any transactions completed, and any contract entered into by you. For the avoidance of doubt, any contract entered into and any transaction completed via any third party website is between you and the relevant third party, and not Blue Cat Reports.
Blue Cat Reports does not endorse or approve any third-party website nor the content of any of the third-party website made available via its website or the Services including Trello.
From the date you create your Blue Cat Reports Account, Blue Cat Reports shall provide you with a free trial period on your preferred plan.
Upon the expiration of the trial period, you will be notified and given the opportunity to register with a valid credit card for Blue Cat Reports’s paid Services.
Subsequent payments for the use of the Services will be taken from the same credit card you use to register. It is your responsibility to ensure that your credit card details are accurate and kept up to date.
Payments will be charged on a pre-pay basis at the point you make the purchase and will cover the use of your selected plan for the period and quantity indicated at the time of purchase.
If at any time payment is not made, Blue Cat Reports reserves the right to disable your password, account and access to some or all parts of the Services until payment is received.
All amounts and fees payable under the Agreement:
If you exceed the limits of your current plan you will be moved up to the next applicable tier automatically, Blue Cat Reports will give you advance warning of the change.
Blue Cat Reports reserve the right to change the terms of your subscription, including the Service Fee amount, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If we change the Service Fee amount or other charges for your subscription, we will give you advance notice of these changes. However, we will not be responsible for notifying you of changes in any applicable taxes.
Blue Cat Reports may (as it thinks fit) provide general maintenance, including updates and upgrades to the Services during the term of your Plan.
Blue Cat Reports shall use reasonable endeavours to give you reasonable prior notice of any scheduled maintenance that is likely to affect the use of the Services but shall not be liable for any failure to do so nor for any related down time of the Services.
The Services include access to email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Blue Cat Reports to respond within one business day) concerning the use of the Blue Cat Reports website. All Blue Cat Reports support will be provided in accordance with Blue Cat Reports standard Blue Cat Reports practices, procedures and policies as may be published by Blue Cat Reports from time to time.
Each of Blue Cat Reports and you may be given access to confidential information by the other in order to perform its obligations under this agreement. Confidential information refers to any information that is proprietary or confidential whether or not it is labelled or identified as such. Confidential information shall not be deemed to include information that:
Each of Blue Cat Reports and you shall hold the other's confidential information in confidence and, unless required by law, not make the other's confidential information available to any third party, or use the other's confidential information for any purpose other than the proper provision or use of the Services.
Each of Blue Cat Reports and you shall take all reasonable steps to ensure that the other's confidential information to which it has access is not disclosed or distributed by its directors, officers, employees, or agents in violation of the terms of this agreement.
Blue Cat Reports will not be responsible for any loss, destruction, alteration or disclosure of confidential information caused by any third party.
You acknowledge that details of the Services, and the results of any performance tests of the Services, are included in Blue Cat Reports’s Confidential Information.
The foregoing provisions shall continue in force indefinitely.
Nothing in these terms and conditions grants you any rights in Blue Cat Reports or any third party’s intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Blue Cat Reports. In the same way, your use of the Services does not transfer any of your intellectual property rights to Blue Cat Reports, its suppliers and/or its licensors, and all right, title and interest in and to such property will remain solely with you.
The Blue Cat Reports logo, and all other trademarks (whether registered or unregistered), service marks, graphics and logos used in connection with the Services are and shall remain Blue Cat Reports’s trademarks or those of its licensors. Your use of the Services grants you no right or license to reproduce or otherwise use any Blue Cat Reports or third-party trademarks.
If you believe that material located on or linked to by Blue Cat Reports website violates your copyright or intellectual property rights, you are encouraged to notify Blue Cat Reports. Blue Cat Reports will respond to all such notices, and where appropriate remove the infringing material and/or disabling all links to it.
Access to and use of the Services will be terminated where it is found that you are infringing any of Blue Cat Reports or any third party’s copyrights or other intellectual property rights. In such case, you agree that Blue Cat Reports will have no obligation to provide a refund of any amounts previously paid or hold Blue Cat Reports responsible for any loss or damages.
Under the license granted above you may not:
The said license shall automatically terminate if you violate any of these restrictions
Blue Cat Reports reserves the right, at its sole discretion, to modify or replace any part of the terms and conditions of the Agreement including without limit its pricing. It is your responsibility to check the Blue Cat Reports website for periodically for changes to the terms and conditions of the Agreement .
Your continued use of or access to the Services following the posting of any changes to the terms and conditions of the Agreement constitutes acceptance of those changes.
Blue Cat Reports may offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of the Agreement.
Blue Cat Reports may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this agreement or your Blue Cat Reports account (if you have one), you may simply discontinue using the Services.
Notwithstanding the foregoing, if you have a paid Blue Cat Reports account, such account can only be terminated by Blue Cat Reports if you materially breach any term or condition of the Agreement which you fail to cure within thirty (30) days of Blue Cat Reports’s notice.
Blue Cat Reports shall be entitled to terminate the Services immediately without any liability to you as part of a general shut down of the Services.
Without affecting any other right or remedy available to it, Blue Cat Reports may terminate the Agreement with immediate effect by giving written notice to you if:
On termination of the Agreement for any reason:
All provisions of this agreement which by their nature are capable of surviving termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Services are provided “as is”. Blue Cat Reports its suppliers and licensors hereby and to the fullest extent permitted by law disclaim all warranties of any kind, express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.
Blue Cat Reports, nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You agree that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
In no event will Blue Cat Reports, its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
Blue Cat Reports shall have no liability for any failure or delay due to matters beyond its reasonable control and in particular but without limit Blue Cat Reports is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
You represent and warrant that
You agree to indemnify and hold Blue Cat Reports, its contractors, and licensors, and its respective directors, officers, employees and agents harmless from and against any and all claims and expenses, including legal and professional fees, arising out of your use of the Services, including but not limited to your violation of these terms and conditions.
Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
If any provision (or part of a provision) of these terms and conditions are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
These terms and conditions (as they are amended by Blue Cat Reports from time to time) constitute the entire agreement between the parties.
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
The Agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
The following provisions lay out the responsibilities of Blue Cat Reports to its customers with regards to data protection in general and the European Union’s General Data Protection Regulation (GDPR) specifically.
Both parties will comply with all applicable requirements of the Data Protection Legislation (as defined below). These provisions are in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
In the course of providing the Services Blue Cat Reports may be required to process Personal Data on your behalf and the parties agree to comply with the following provisions with respect to any such processing of Personal Data.
The information you provide may be transferred to countries outside the European Economic Area (‘EEA’)
Whenever Blue Cat Reports transfers the personal information that you have provided out of the EEA, Blue Cat Reports will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Please contact Blue Cat Reports if you want further information on the specific mechanism used by Blue Cat Reports when transferring Personal Data out of the EEA
Last modified: November 22nd 2019
Everything copyright © Cherry Wood Software ltd.
All rights reserved.