Last updated: April 09, 2024.
1. ACCEPTANCE OF TERMS
Acceptance of these Blip Store Terms of Use (“Term”) is a declaration by the user, on behalf of Blip’s customer (“Customer”), of agreement with the provisions herein and with the use of solutions that add functionality to the Customer’s smart contact (“Extension(s)”); as well as that it has the authority and all necessary powers to do so, under penalty of personal liability.
Blip may make changes/updates to this Term at any time, which will take effect on the date they are published, as stated in the “Last updated” field. Blip will inform the Customer of any changes, where applicable. In the event of disagreement with any modification made to this Term, the Customer must cancel the subscription to the Extensions. Otherwise, the Customer expresses its agreement to be bound by the updated Term.
The contract signed between Blip and the Customer shall be read as complementary to this Term in any way that is not expressly addressed herein. Blip Store is therefore bound by the provisions relating, without limitation, to intellectual property, confidentiality, data protection, compliance, and liability, to the extent applicable. With regard to the “Blip Store” matter, this Term shall prevail over any other instrument signed.
2. PREMISSES
The Blip Store works as a marketplace in which Blip makes Extensions available to contract in addition to the Blip Platform license. The Customer may contract different Extensions, which may also be used jointly. The same Extension can also be used in different chatbots from the Customer’s account. Extensions can be developed internally at Blip or can be integrations provided by official Blip partners (“Partner(s)”). Blip and its Partners may, without prior notice, make corrections, changes and improvements on the Blip Store and/or the Extensions for which they are responsible, updating the versions available for use. Any technical support required when using the Extension should be directed to the service channel specified in the Extension description.
3. REMUNERATION
Extensions can be contracted free of charge or for an additional fee per extension. The gratuity/price(s) and any special features, such as different commercial conditions and the possibility of guided activation, will be identified at the time of contracting and may vary according to the Extension and/or Partner, even if they are similar resources.
Any free trials, discounts, and promotions (“Offer(s)”), for activation of a given Extension, will be (i) valid for the period advertised; (ii) considered on the invoice; and (iii) applicable only for the first subscription. Therefore, if the Customer cancels the subscription and subsequently contracts again, the Offer will not apply. The prices, Offers, business model and availability of Extensions are subject to change at any time before the contract is concluded. There is no guarantee that an Extension will be free in perpetuity and Blip may charge for it at any time, which will be communicated as far in advance as possible. Furthermore, there is no obligation for Blip to create or maintain Offers, without prejudice to any differentiated conditions already in place for the Customer.
Prices will be updated annually by Blip, based on the first working day of the year. Furthermore, in the event of a change in the price and/or in the marketing rules of the Extensions offered by the Partners, Blip may adjust the amount and/or the method of charging provided for the Extension, which will be informed to the Customer, with the adjustments being applied to the following invoice.
Invoicing and payment. The total amount owed by the Customer shall be calculated by Blip on a monthly basis, considering the immediately preceding month, and shall be added to the monthly billing of the Blip Platform, with the same due date. In the case of monthly fees, the calculation and collection will be made “pro rata” in the month of contracting a given Extension, from the date of acceptance of this Term, and in the month of termination or discontinuation of the Extension, until the effective cancellation of the subscription. In the case of contracting guided activation, to be carried out by the Partner responsible for a given Extension, the relevant amount will be due once only, according to the invoice issued immediately by Blip, due in five (5) days. Regardless of the Customer’s choice to proceed with the contract, the guided activation fee will remain due in full after the first contact made by the Partner.
4. DATA PROCESSING AND AI
Blip will be able to access and process all data trafficked on Blip Store and the Blip Platform, including personal data, to operate the Extension itself, as well as to adopt improvements and develop its products and business, jointly or not with the feedbacks given by customers, by any means, always seeking the best experience for customers and their end users. In case of use of Extensions developed by Partners, the Customer hereby authorizes the sharing, with the relevant Partner, of the data trafficked on the Blip Platform and intrinsic to the use of the Extension, without prejudice to the Customer’s responsibility for obtaining all necessary consents as personal data controller, as well as the Partner’s responsibility for its conduct. Also, the Customer acknowledges that the Partner may be aware of their “Blip customer” status and of the applicable contracting conditions, and that this information is not “confidential” for the purposes of this Term.
Depending on the contracted Extension, the data trafficked on the Blip Platform may be processed by artificial intelligence (AI) to deliver the reported resources. The Customer acknowledges that (i) AI may present limitations, inaccuracies and hallucinations, and it is not possible to guarantee the accuracy or completeness of the results obtained; (ii) the contents generated through generative AI are only suggestions, and there is no right of exclusivity in their use; and (ii) the AI used may be provided by third parties, and it is up to the Customer to check whether the chosen technology is in any way prohibited in their locality. If any impediment is identified, the Customer must refrain from contracting the Extension or immediately discontinue its use, without attracting any liability for Blip.
5. EXCEPTIONS
The Extension is licensed “as is” and “as available”, and no customization, development or specific delivery is carried out on behalf of the Customer. The Customer is solely responsible for any decision they make based on the use of the Extension’s functionalities. Blip and/or the Partner make no warranty of any kind, whether express, implied or statutory, including of revenue, result, success, minimization of damages, fitness for a particular purpose, or that the Blip Store and/or the Extension will operate without interruption, delay or imperfection. Any instability that may occur in the Blip Store and/or the Extension will not be included in the SLA for the Blip Platform itself. Blip will not be responsible for the success and quality of Extensions developed by Partners or for guided activation. The Partner is solely responsible for the suitability, accuracy, quality and technical support (including improvements, maintenance, updates, configurations and changes) of its Extension, as well as for the quality of the guided activation.
6. VALIDITY AND TERMINATION
This Term is valid from its acceptance and may be terminated by the Customer by canceling the subscription to the Extension in the Blip Store environment. In the event of deactivation for a specific chatbot, the Extension will continue to operate for any other chatbots that may have been activated, and charges will remain due in full in the case of a paid Extension. Blip reserves the right to add, change, discontinue or remove Partners and/or Extensions available on the Blip Store at any time, without incurring any liability to Blip, which may result in the termination of this Term. In such cases, Blip will make its best efforts to notify the Customer in advance to avoid any impact on its business. In the event of default on payment obligations for more than thirty (30) days, the Customer’s access to the Blip Store or to the Extension may be suspended or canceled at Blip’s discretion.
