Terms and Conditions
Last Updated: January 18, 2026
These Product Terms and Conditions ("Terms") govern the purchase, rental, deployment, and use of Bluesonde Technologies, Inc. (“Bluesonde”) products, devices, software, and services (collectively, the “Products and Services”). By placing an order, deploying a device, creating an account, or using any Products or Services, you (“Customer”) agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization.
Please read these Terms carefully. If you do not agree to these Terms, you may not use our products or services.
1. Definitions
"Aggregated Data" means data derived from Customer Data or Device Data that has been anonymized or aggregated such that it does not reasonably identify Customer or any individual.
"Customer Data" means data or information provided by or on behalf of Customer to Bluesonde in connection with the Products or Services, excluding Device Data.
"Device" means any Bluesonde water-monitoring buoy, sensor, or related hardware provided to Customer.
"Device Data" means data collected by a Device deployed by Customer.
"Order" means a quote, order form, invoice, or similar document issued by Bluesonde and accepted by Customer that specifies Products, pricing, and applicable terms.
"Platform" means Bluesonde’s web-based or cloud-based platform used to access Device Data.
"Services" means Bluesonde’s data access, software, analytics, support, and related services associated with the Devices.
"Usage Data" means anonymized technical and operational data generated from use of the Products or Services that does not identify Customer or any individual.
2. Scope of Use
Subject to these Terms and any applicable Order, Customer may use the Products and Services solely for Customer’s internal business, research, or operational purposes. Customer may not resell, sublicense, or provide access to the Products or Services to third parties without Bluesonde’s prior written consent.
Customer is responsible for all activity conducted using its accounts or Devices.
3. Devices
3.1 Installation and Operation
Unless otherwise agreed in writing, Customer is solely responsible for installation, deployment, operation, retrieval, and maintenance of Devices, including obtaining any required permits, permissions, or regulatory approvals.
3.2 Risk of Loss
Customer bears all risk of loss, damage, theft, or destruction of Devices from the time of delivery or deployment, except to the extent caused by Bluesonde’s gross negligence or willful misconduct.
3.3 Rented vs. Sold Devices
Devices may be sold or rented as specified in an Order. Title to sold Devices transfers upon full payment. Rented Devices remain the property of Bluesonde and must be returned in accordance with the applicable Order.
4. Support and Updates
Bluesonde may provide reasonable remote support as described in an Order or documentation. Bluesonde may update or modify the Services from time to time. Bluesonde is not obligated to provide new features or upgrades unless expressly agreed.
5. Data
5.1 Ownership of Data
As between the parties, Customer owns all right, title, and interest in and to (a) all data collected by or through Devices deployed by Customer (“Device Data”), and (b) all Customer Data.
5.2 License to Bluesonde
Customer grants Bluesonde a non-exclusive, worldwide, royalty-free, sublicensable license to use, copy, store, transmit, process, display, modify, and create derivative works from Customer Data and Device Data during and after the Term solely as necessary to:
- (a) provide, operate, and support the Products, Services, and Platform;
- (b) maintain, diagnose, and improve Bluesonde’s hardware, software, and data models;
- (c) derive Aggregated Data and Usage Data; and
- (d) comply with applicable laws and regulations.
Bluesonde will not sell or publicly disclose identifiable Customer Data or Device Data.
5.3 Usage Data and Aggregated Data
Bluesonde may collect, retain, and use Usage Data and Aggregated Data for legitimate business purposes, including analytics, research, algorithm development, product improvement, and marketing, provided such data does not identify Customer or any individual.
5.4 Data Access and Retention
Customer will have access to Device Data through the Platform during the term of any active Order. Upon written request, Bluesonde will delete or return Customer Data where technically feasible, except where retention is required by law. Bluesonde may retain and use Usage Data and Aggregated Data in accordance with these Terms.
6. Customer Responsibilities
Customer represents and warrants that it has all rights and permissions necessary to provide Customer Data and to deploy Devices as used. Customer will use the Products and Services in compliance with applicable laws and documentation.
7. Fees and Payment
Fees are specified in the applicable Order. Unless otherwise stated, invoices are due within thirty (30) days. Fees are non-refundable except as expressly stated. Customer is responsible for applicable taxes, excluding Bluesonde’s income taxes.
8. Disclaimers
THE PRODUCTS, DEVICES, PLATFORM, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BLUESONDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Devices and Services are intended to support environmental monitoring and decision-making but do not guarantee regulatory compliance or accuracy. Customer is solely responsible for interpretation and use of data.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUESONDE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR LOST PROFITS DAMAGES.
BLUESONDE’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCTS OR SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO BLUESONDE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10. Termination
Either party may terminate an Order if the other party materially breaches these Terms and does not correct the breach within thirty (30) days after receiving written notice. Upon termination, Customer must promptly return any rented Devices and stop using the Services. Customer will retain access to its Device Data as described in Section 5.
11. Confidentiality
Each party agrees to protect the other party’s confidential information and to use it solely to perform under these Terms.
12. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
13. General
13.1 Separate Agreements; Order of Precedence
If Customer has entered into a separate written agreement with Bluesonde governing the Products or Services (including a Cloud Services Agreement), such agreement will control solely with respect to any conflicting terms, and these Terms will otherwise remain in full force and effect. In the event of a conflict between an applicable Order and these Terms, the Order will control solely with respect to the subject matter of such conflict.
13.2 Entire Agreement
These Terms, together with any applicable Orders and any applicable separate written agreement signed by both parties, constitute the entire agreement between the parties regarding the Products and Services and supersede all prior or contemporaneous agreements, proposals, or representations, whether written or oral, relating to the Products and Services.
13.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
13.4 Updates to Terms
Bluesonde may update these Terms from time to time by posting a revised version on its website. Updated Terms will apply to new Orders and ongoing use of the Products and Services following such posting, except where a separate written agreement provides otherwise.
By using Bluesonde products and services, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.