Bluink Key Terms and Conditions of Use

Last Updated: November 16, 2017

By downloading or using the Bluink Key mobile application (the “App”), these terms will automatically apply to you. Please read these Terms and Conditions (the "Terms") carefully before using the App operated by Bluink Ltd. “Bluink”, “us”, “we”, or “our” refer to Bluink Ltd. We are offering you this App for your own personal use without cost.

Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users.

Headings in this document are for ease of reading only and do not have any legal significance.

By accessing or using the App you agree to be bound by these Terms. If you disagree with any part of the terms then you may not have access to the App.

Description of App

Bluink Key is a password manager and strong authenticator. The Bluink Key mobile application allows you to manage any personal information on your smartphone, including account names, passwords, secret keys, credit card numbers, and many other types of information. These credentials are encrypted with AES-256 bit encryption and unlocked with your Bluink password. Since this content is stored locally on your smartphone, we do not have access to any information or data that you input into the Bluink Key mobile application.

Bluink Key App

Bluink grants you personal, limited, non-exclusive, revocable, non-transferable license to download and install the App on one or more mobile devices solely for your own personal or internal business purposes. This license does not entitle you to receive hard-copy documentation, telephone assistance, or enhancements or updates to the App, though we may provide any of the foregoing in our sole discretion. You may not incorporate, integrate, or otherwise include the App or any portion thereof into any other software, program, or product. Further, with respect to the App accessed through or downloaded from the Apple App Store, you will only use the App on an Apple branded product that runs the iOS (Apple’s proprietary operating system) and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Further, with respect to the App accessed through or downloaded from the Google Play Store, you will only use the App on a device running the Android operating system as permitted by the “Usage Rules” set forth in the Google Play Store Terms.

No Duty to Correct Errors

You acknowledge and agree that Bluink has no obligation to correct any defects or errors within the App or provide any support services, regardless of whether you inform Bluink of such defects or errors, or Bluink otherwise is, or becomes, aware of such defects or errors.

Stored Data

While the Stored Data in the App is protected on your smartphone or mobile device with strong encryption, Bluink cannot and does not guarantee the security, completeness, integrity, or accuracy of any stored data or that the stored data will not be corrupted or lost. You acknowledge that Bluink does not store any data beyond the mobile app and the backups you make. This data cannot be recovered by Bluink.

Backups

Backups may not be accessible or recoverable if (a) you fail to follow Bluink’s technical requirements, including upgrading the mobile application as required; (b) you uninstall the App (you need the app installed to get the stored data); or (c) you forget your master password to log in to your account and/or you forget the master password used at the time the backup was created.

Features and Functions

Random Password Generator

The App password manager functions allow you to determine your own passwords. You may alternatively use the random password generator built into the App. The complexity and length of passwords generated by the App are determined by you, the user. Complex passwords are less likely to be compromised/hacked than simple passwords people commonly use; however, we make no guarantees regarding the security of any passwords that are generated by the App.

Change Password Online

Bluink makes no guarantees that the Change Password Online feature will properly change the credentials in connection with every website (or third party mobile app) or that the App will save your old and/or new password. Bluink makes no guarantees that the website you visit for the Change Password Online feature is the correct website. Bluink is not liable for your inability to use any site (or third party mobile app) resulting from your use of our password manager.

Limitation of Liability

Bluink Ltd. employees, partners, licensors, contractors, and personnel are not responsible for lost credentials or data if the user does not make frequent backups, nor are we responsible for the loss of credentials if the user is unable to access their credentials (i.e., forgot their master password). Further, we are not responsible for loss or damage, indirect, incidental, special, consequential, or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, or other intangible losses.

Bluink does not have access to any information or data that you input into the App. Because of this, it is impossible for us to recover any information stored in the App including a user’s master password.

Intellectual Property

By using the App, you agree not to modify, prepare derivative works of, or reverse engineer our products including but not limited to our mobile applications, hardware devices, and software. Bluink content is protected under IP laws, including but not limited to hardware, graphics, user interfaces, text, and the scripts and software used to implement the Bluink Key app. All are owned by Bluink Ltd. and/or its licensors and is protected by applicable intellectual property laws.

Feedback

You agree that the submission by you of any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Bluink Key, the hardware device, the App, or other Bluink properties is at your own risk and Bluink has no obligation with respect to such feedback. You represent and warrant that you have all rights necessary to submit the feedback. You hereby grant Bluink a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made, and otherwise exploit the feedback in any form, media, or technology, whether now known or hereafter developed, and allow others to do the same.

Your Content

“Your Content” means any data and content which you store, and/or create with the App. You retain all rights and ownership of your content including anything stored in the App, or any backup files created using the App.

Links to Other Web Sites

Our service may contain links to third party web sites or services that are not owned or controlled by Bluink Ltd.

Bluink Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bluink Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

Disclaimer and Non-Waiver of Rights

Bluink Ltd. makes no guarantees, representations, or warranties of any kind as regards to the mobile applications, and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of Bluink Key is at your sole risk. The App is provided without warranties of any kind, whether express or implied.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with the the laws in the Province of Ontario and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our mobile application and hardware device, and supersede and replace any prior agreements, oral or otherwise, regarding our mobile application.

Dispute Resolution

All disputes and questions whatsoever which shall arise between Bluink Ltd. and you in connection with this terms and conditions agreement, or the construction or application thereof or any provision contained in this agreement or as to any act, deed, or omission of any party or as to any other matter in any way relating to these terms and conditions, shall be resolved by arbitration. Such arbitration shall be conducted by a single arbitrator.

Unless otherwise agreed to by the parties, arbitration shall be held in the City of Ottawa, Province of Ontario. The procedure to be followed shall be agreed to by the parties or, in default of such agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act 1991 (Ontario). The arbitrator shall have the power to proceed with the arbitration and to deliver his or her award notwithstanding the default by any party in respect of any procedural order made by the arbitrator.

The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these terms, please contact us.

Bluink Ltd.
230 - 18 Louisa St.
Ottawa ON K1R 6Y6
Canada

Phone: 1-613-695-9585
Email: info@bluink.ca