Master Services Agreement

BlueJam Master Services Agreement
Last Updated: December 10th, 2024

This Master Services Agreement (the “Agreement”) is entered into by and between the BlueJam entity (“BlueJam”) and the entity (“Customer”) entering into an Order Form (defined below) and is effective as of the date of the Order Form (“Effective Date”). This Agreement governs BlueJam’s provision of, and Customer’s access to and use of, the Services. Each of BlueJam and Customer is a “Party”, and together, the “Parties”.

1. DEFINITIONS

• 1.1. “Activity Record” means a single Customer entry in the BlueJam Platform that stores the type of activity, the date and time it was created, and any associated properties.
• 1.2. “Affiliate” means any entity controlled by, controlling, or under common control with a Party.
• 1.3. “AUP” means the Acceptable Use Policy found in Exhibit A.
• 1.4. “Customer Content” means any content or data Customer uploads into the Platform.
• 1.5. “Documentation” means the user guides and other documentation regarding the Platform, as such may be updated from time to time
• 1.6. “Feedback” means any suggestions, ideas, or feedback provided by Customer to BlueJam with respect to the Services.
• 1.7. “License” means an authorization for one full- or part-time employee or contractor of Customer to access the Platform. Licenses include both Regular Licenses and Supporter Licenses.
• 1.8. “Order Form” means the written ordering document entered into by BlueJam and Customer, which details the length of the subscription purchased by Customer, the total number of each type of License, and any renewal options.
• 1.9. “Platform” means BlueJam’s proprietary technology designed to help Customer develop strategy, engage employees, leaders and any other teams, and get insights into strategy execution.
• 1.10. “Professional Services” means the implementation services and other professional services to be provided by BlueJam to Customer, in connection with the Platform, as further described in a Statement of Work.
• 1.11. “Regular License” is any License that is not a Supporter License.
• 1.12. “Services” means collectively, the Platform and the Professional Services.
• 1.13. “SLA” means the Service Level Agreement found in Exhibit B.
• 1.14. “Statement of Work” or “SOW” means the written document entered into by BlueJam and Customer, which details the Professional Services.
• 1.15.“Third Party Software” means third party technology with which Customer may integrate the Platform.
• 1.16. “User” means a full- or part-time employee or contractor of Customer to whom Customer grants a License.

2. INTELLECTUAL PROPERTY; AUP; SLA; FEEDBACK; THIRD-PARTY SOFTWARE

• 2.1. As between the Parties, BlueJam owns all right, title, and interest in and to the Services and the Documentation. During the Term, BlueJam grants Customer a limited, non-exclusive, worldwide, royalty-free right and license to access and use the Platform for its internal business purposes, in accordance with the Documentation and this Agreement. Customer may make a reasonable number of copies of the Documentation as reasonably necessary for Licenses to properly access and use the Platform, provided that: (a) Customer does not remove any proprietary markings within the Documentation, and (b) any such copies are promptly destroyed upon termination of this Agreement or expiration of the Term.
• 2.2. As between the Parties, Customer owns all right, title, and interest in and to the Customer Data. During the Term, Customer grants BlueJam a limited, non-exclusive, worldwide, royalty-free right and license to access, use, display, store, copy, and otherwise make use of the Customer Content solely as necessary for BlueJam to provide the Services to Customer. Notwithstanding the foregoing, Customer grants BlueJam a perpetual, irrevocable, worldwide right and license to: (a) compile and use anonymous usage and other statistical information related to the performance of the Platform, or Customer’s use thereto, for purposes of improving the Platform; and (b) use Customer Content in an aggregated and anonymized manner for any lawful purposes, provided such uses do not identify, and are not reasonably capable of re-identifying Customer, or any individual or entity.
• 2.3. Customer shall, at all times, comply with the AUP.
• 2.4. BlueJam will provide the Platform in accordance with the SLA.
• 2.5. To the extent Customer provides Feedback, Customer hereby grants BlueJam a perpetual, irrevocable fully-paid-up, royalty-free, worldwide right and license to use the Feedback. Nothing herein shall be construed as (a) obligating Customer to provide any Feedback; (b) obligating BlueJam to make use of any Feedback; or (c) any representation or warranty made by Customer with respect to the Feedback.
• 2.6. Customer may, but is not obligated to, utilize the Platform with Third Party Software. Customer acknowledges and agrees that BlueJam has no control over, or liability for, Third Party Software, and that Customer remains fully responsible for complying with any terms and conditions of Third Party Software, whether such terms and conditions are referenced online or Customer has a separate written agreement with the providers of such Third Party Software.

3. LICENSES; LICENSE LIMITATIONS; TECHNICAL SUPPORT; MODIFICATIONS

• 3.1. During the Term, Customer may reassign Regular Licenses and Supporter Licenses, provided that the total number of each type of License does not exceed the quantity purchased in the Order Form. If Customer wishes to activate Licenses beyond the quantity purchased for either type of License, then Customer shall pay a pro-rated fee for each additional License, based on the type of License and the time remaining in the then-current term of the Order Form. In the event Customer decreases its Licenses, or either type of License, below the purchased quantity, Customer will not be entitled to a refund for the remainder of the then-current term.
• 3.2. Each Regular License is permitted to submit up to 10,000 Activity Records into the Platform per month. In the event the foregoing limit is exceeded, BlueJam reserves the right to charge the Customer for the additional Activity Records.
• 3.3. Each User will be provided with unique log-in credentials. It is the responsibility of each User to maintain the confidentiality of, and not share with any other User or any third party, its log-in credentials. Customer shall immediately notify BlueJam if it becomes aware of, or reasonably suspects, that an User’s log-in credentials have been compromised.
• 3.4. During the Term, Customer will be entitled to BlueJam’s standard level of technical support at no additional cost, which BlueJam may modify or terminate, in whole or in part, at any time upon notice to Customer. Such notice may be provided by posting to BlueJam’s website at https://bluejam.io/ or by notice as described in Section 11.3 below.
  • 3.4.1.BlueJam will use commercially reasonable efforts to: (a) respond to any support requests within reasonable time; and (b) update Customer regularly and in a timely manner regarding any support requests. All support requests must be submitted by email to support@bluejam.io. Support is provided in English, with alternative languages offered based on availability.
• 3.5. BlueJam may modify, enhance, update, upgrade, make improvements to, or otherwise alter the Platform (collectively, “Modifications”) at any time, with or without notice, provided no such Modifications materially degrade the overall functionality of the Platform.

4. TERM AND TERMINATION

• 4.1. This Agreement begins on the Effective Date and continues for as long as there is at least one active Order Form, unless earlier terminated as permitted hereunder (“Term”). Each Order Form will have its own term length.
• 4.2. Unless stated otherwise in the Order Form, each Order Form shall automatically renew for successive periods equal to the length of the Initial Term (each, a “Renewal Term” and together with the Initial Term, the “Term”) unless either party provides written notice to the other party at least thirty (30) days prior to the expiration of the then-current term. BlueJam reserves the right to adjust the pricing for the Renewal Term, and any such changes will be communicated to you at least 60 days prior to the renewal date. By continuing to use the Services after receiving notice of the new pricing, you agree to the updated pricing terms. Failure to provide timely notice of termination shall constitute acceptance of the renewal term and any associated price adjustments.
• 4.3. Either Party may terminate this Agreement or an Order Form in the event the other Party materially breaches this Agreement or the applicable Order Form and such material breach remains uncured for a period of at least thirty (30) days following written notice by the non-breaching Party to the breaching Party. Except as otherwise expressly stated herein, termination is a non-exclusive remedy for the non-breaching Party. Upon termination: (a) all rights granted herein for the duration of the Term shall automatically cease; (b) each Party shall promptly return or destroy any Confidential Information (defined below) of the other Party then in its possession; and (c) Customer shall promptly pay all fees due through the termination date.
• 4.4. Within thirty (30) days of termination of expiration, Customer may request a copy of Customer Content, which BlueJam will provide in an industry standard format. Following such thirty (30) day period, BlueJam has no obligation to maintain Customer Content.
• 4.5. All provisions of this Agreement which by their nature are intended to survive termination of this Agreement or expiration of the Term, shall so survive.

5. FEES

• 5.1. Except as otherwise stated in the applicable Order Form, and/or SOW: (a) BlueJam shall invoice Customer monthly in advance for fees listed in an Order Form, and upfront for all fees listed in an SOW; and (b) invoices are due within fourteen (14) days of Customer’s receipt of invoice. In the event Customer has a bona fide dispute of an invoice, Customer must notify BlueJam within thirty (30) days of receipt of the applicable invoice by emailing billing@bluejam.io. Any amounts subject to a good faith dispute may be withheld by Customer pending resolution of such dispute, provided amounts are paid within five (5) business days of resolution of such dispute. In the event any amounts not subject to a good faith dispute are more than thirty (30) days overdue, BlueJam may, upon five (5) business days prior written notice to Customer: (a) charge interest on the unpaid amounts at the rate of the lesser of 18% per annum or the maximum amount permitted by applicable law; and/or (b) suspend access to/provision of the Services and condition reinstatement of Services on full payment of all fees for the then-current term.
• 5.2. Customer is responsible for payment of all sales, use, and excise taxes with respect to the Services (excluding any taxes on BlueJam’s net income), whether or not such amounts are invoiced by BlueJam. If Customer is exempt from paying such taxes, Customer shall promptly provide to BlueJam a valid exemption certificate. In the event Customer is subject to any withholding taxes, Customer shall gross up its payment to BlueJam such that BlueJam receives the fully amount listed in the applicable invoice.
• 5.3. BlueJam may increase the fees to be paid in the subsequent term of the Order Form by providing Customer with notice of such change in fees at least sixty (60) days prior to the end of the then-current term of the Order Form.

6. REPRESENTATIONS AND WARRANTIES

• 6.1. Each Party represents and warrants to the other Party that: (a) it is validly organized and existing under the laws of the jurisdictions of its respective organization; (b) it has the authority and capacity to enter into this Agreement, including all permits, licenses, and authorizations necessary for it to enter into, and perform its obligations under, this Agreement; (c) it is not a party to a separate agreement that conflicts with its ability to perform its obligations hereunder; (d) this Agreement constitutes a legal, valid, and binding obligation on it; (d) it will comply with all applicable laws with respect to its performance under this Agreement; and (e) it will implement, maintain, and regularly review and update reasonably necessary procedures for safeguarding its systems against viruses, malware, and other harmful or malicious code.
• 6.2. BlueJam further represents and warrants that: (a) it will perform the Professional Services in a professional workmanlike manner, and (b) the Platform, and the functionality thereto, will not be materially degraded during the Term.
• 6.3. Customer further represents and warrants that it will not, and will not permit or assist any others to: (a) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform; (b) use the Platform in violation of the AUP; (c) use the Services for the benefit of a third party; or (d) use or view the Services for the purposes of creating a product or service that is competitive with the Services ((a)-(d), collectively, the “Restrictions”).
• 6.4. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND BLUEJAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE.

7. CONFIDENTIAL INFORMATION

• 7.1. During the course of performing under this Agreement, each Party (“Recipient”) may come into contact with certain non-public business and/or financial information of the other Party (“Discloser”) that is either marked “confidential” and/or “proprietary”, or, given the nature of the information and the circumstances of the disclosure, a person would reasonably consider the information to be confidential and/or proprietary (“Confidential Information”). Recipient agrees to: (a) maintain the confidential nature of Discloser's Confidential Information using the same degree of care it uses to protect its own similar information, but in no event less than a reasonable degree of care; (b) use Confidential Information solely as necessary to perform its obligations under this Agreement; (c) disclose Confidential Information only to those of its employees, contractors, agents, advisors, and representatives (collectively, “Representatives”) who have a need to know such information; and (d) not disclose Confidential Information to any third parties without Discloser’s prior written consent. Recipient shall ensure that Representatives are bound by confidentiality obligations at least as stringent as those contained herein, and nevertheless, Recipient shall remain fully liable for the acts and omissions of its Representatives with respect to the Confidential Information
• 7.2. Confidential Information shall not include information that is or becomes publicly available through no fault of Recipient, is independently developed by Recipient, or is provided to Recipient by a third party not subject to confidentiality obligations with respect to Discloser's Confidential Information. Additionally, in the event Recipient is legally compelled to disclose Discloser's Confidential Information, Recipient shall first notify Discloser (unless such notice is prohibited at law) and provide Discloser with a reasonable opportunity to contest the compelled disclosure. In any event, Recipient shall only disclose such Confidential Information that is minimally necessary to comply with the legal order.
• 7.3. Recipient acknowledges that a breach of this Section 7 will cause significant harm to Discloser for which monetary damages may be insufficient. As such, Recipient agrees that Discloser may seek all available remedies at law, including injunctive relief, without first obtaining approval of Recipient and without the need to post bond, and that such remedies are non-exclusive.

8. LIMITATIONS OF LIABILITY

• 8.1. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CUMULATIVE, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER.
• 8.2. EACH PARTY’S TOTAL AGGREGATE LIABILITY TO THE OTHER PARTY UNDER THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO BLUEJAM HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THE FOREGOING SHALL NOT APPLY TO CUSTOMER’S OBLIGATIONS TO PAY FEES NOT SUBJECT TO A GOOD FAITH DISPUTE.
• 8.3. THE EXCLUSIONS AND LIMITATIONS OF SECTIONS 8.1 AND 8.2 SHALL NOT APPLY TO: (A) EITHER PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; (B) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9; OR (C) CUSTOMER’S BREACH OF THE RESTRICTIONS.

9. INDEMNIFICATION

• 9.1. BlueJam will indemnify, defend, and hold harmless Customer from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) arising out of or relating to any third party claim, demand, cause of action, controversy, or suit (collectively, “Claim”) alleging that the Platform, when used by Customer as permitted hereunder, violates, misappropriates, or infringes any valid third party intellectual property right. BlueJam shall have no obligation to indemnify Customer where the Claim arises out of or relates to: (a) Customer Content; (b) Customer’s use of the Platform not in full compliance with this Agreement; (c) modifications to the Platform not made by, or at the direction or with the approval of, BlueJam; or (d) Customer’s continued use of the Platform after being notified that the Platform may be the subject of a Claim. In the event the Platform is enjoined, or in BlueJam’s reasonable opinion is likely to be enjoined, BlueJam shall do one of the following: (x) procure for Customer the right to continue using the Platform; (y) modify or replace the Platform such that it is non-infringing but functionally equivalent; or (z) terminate the affected and provide a pro-rata refund of any prepaid fees as of the termination date. THIS SECTION 9.1 STATES CUSTOMER’S EXCLUSIVE REMEDY AND BLUEJAM’S SOLE LIABILITY WITH RESPECT TO A CLAIM DESCRIBED HEREIN.
• 9.2. Customer will indemnify, defend, and hold harmless BlueJam from and against any and all Losses arising out of or relating to any Claim alleging: (a) that Customer Content violates, misappropriates, or infringes any third party intellectual property right; or (b) Customer’s breach of the Restrictions.
• 9.3. The indemnification obligations found in this Section 9 are conditioned upon the Party seeking indemnity (“Indemnified Party”): (a) providing prompt written notice to the other Party (“Indemnifying Party”); (b) granting the Indemnifying Party sole control of the defense and settlement of the Claim (including selection of counsel), provided that the Indemnifying Party shall not settle any Claim that constitutes an admission by, or imposes liability on, the Indemnified Party without the Indemnified Party’s prior written consent; and (c) providing all reasonable assistance requested by the Indemnifying Party, at the Indemnifying Party’s expense. The Indemnified Party may participate in the defense of the Claim through its own counsel at its own expense.

10. SECURITY; DATA PROTECTION

• 10.1. Each Party shall implement and maintain appropriate administrative, physical, and technical safeguards reasonably designed to protect the Confidential Information of the other Party and to protect its respective systems from intrusion, using industry-standard means, and shall reasonably cooperate with the other Party in the event of any actual or suspected breach or compromise thereto.
• 10.2. With respect to the processing by BlueJam of personal data, the Parties shall comply with the terms of the data processing addendum available on request by writing to privacy@bluejam.io

11. MISCELLANEOUS

• 11.1. This Agreement, including all exhibits hereto and any Order Form(s) and SOW(s), constitutes the entire understanding between the Parties with respect to the subject matter herein, and supersedes any prior agreements or understandings thereto. BlueJam may modify this Agreement at any time provided that such modifications shall not take effect until the start of the immediately succeeding term of the Order Form.
• 11.2. Neither Party may assign this Agreement, in whole or in part, without the prior written consent of the other Party, provided that either Party may assign this Agreement upon notice to, but without the requirement of obtaining the consent of, the other Party: (a) to an Affiliate; or (b) in connection with a reorganization, merger, or sale of all or substantially all of such Party’s assets. Any assignment in contravention of this provision shall be null and void. This Agreement shall be binding on and inure to the benefit of each Party’s successors and assigns.
• 11.3. Any notices required under this Agreement shall be made in writing by personal delivery, a nationally recognized next-day courier service, first-class registered or certified mail, postage prepaid, or by email to the other Party’s address specified in applicable Order Form. Customer may update its email address for notices and other purposes within the Platform in Customer’s account information page. In the case of notice to BlueJam, Customer shall copy all notices to the Notice Address below based on the BlueJam entity listed in the applicable Order Form.
• 11.4. This Agreement shall be governed by the Governing Law identified below based on the BlueJam entity listed in the applicable Order Form. Any claim, suit, or controversy arising out of or relating to this Agreement shall only be brought in the Courts of Jurisdiction described below, and the Parties irrevocably consent to the jurisdiction of such courts.

  BlueJam entity listed in Order Form	Notice Address	Governing Law	Courts of Jurisdiction
  BlueJam, Inc. (a Delaware corporation)	526 47th Road, Suite 1B, Long Island City, NY 11101, USA	State of New York	The Borough of Queens, New York
  TeamUp2 AS (a company registered in Norway)	Eilert Sundts Gate 23, 0259 Oslo, Norway	Norway	Oslo, Norway

• 11.5. A Party shall not be liable for its failure to perform its obligations under this Agreement where such failure is due to circumstances beyond such Party’s reasonable control including without limitation acts of God, epidemic, pandemic, fire, flood, act of war, terrorism, or civil unrest (“Force Majeure Event”) and the Force Majeure Event continues for at least five (5) days. Such Party experiencing a Force Majeure Event shall provide prompt written notice of same to the other Party, and shall immediately return to perform under this Agreement upon the conclusion of the Force Majeure Event.
• 11.6. Nothing in this Agreement shall create a special relationship between the Parties, such as partnership, joint venture, or other business affiliation. The Parties are independent of each other and neither Party has any authority to bind the other Party.
• 11.7. Neither Party’s failure to enforce any rights under the Agreement will be deemed a waiver of that Party’s rights. No cause of action shall be brought by a Party more than three (3) years following the occurrence or discovery of the event giving rise to such cause of action. The prevailing Party in any cause of action shall be entitled to its reasonable attorneys’ fees.
• 11.8. This Agreement may be executed in multiple parts, which together shall constitute a single agreement.
• 11.9. In the event of any conflict between this Agreement and any provision in an Order Form or SOW, the Order Form or SOW shall prevail.

EXHIBIT A

ARTIFICIAL INTELLIGENCE

The BlueJam Strategy Platform uses Artificial Intelligence for certain features in the platform.

Access to Artificial Intelligence features

The AI features in BlueJam are disabled by default for all clients and will only be enabled based on explicit opt-in. This means that the client will not have access to AI features and the client’s data will not be processed by our AI system or sent to our third-party AI vendor unless they choose to.

To opt-in to the AI features, the client’s authorized party has to agree in writing to enable AI features. BlueJam’s agreement with the third party vendor, OpenAI, provides that data is not to be used for model training. Data inputted into AI features is sent to OpenAI for processing and generating AI output. Data is temporarily retained in OpenAI’s environment to provide the services, however it is not used for model training.

EXHIBIT B

ACCEPTABLE USE POLICY

Customer shall not access or use the Platform for any Prohibited Purposes. “Prohibited Purposes” means any of the following:

• (a) violating any applicable law;
• (b) submitting Customer Content that:
  •  is obscene, pornographic, lewd, hateful, political, lascivious, violent towards any government, organization, group, individual or property, or encouraging of any of the foregoing;
  •  violates any copyright, right of publicity, patent, trademark, service mark, trade name, trade secret or other intellectual property or personal right of a third party, or
  •  violates any applicable agreement with a third party, without such third party’s authorization.
• (c) deleting or altering attributions, copyright notices, or trademark notices, unless expressly permitted in writing by the intellectual property right owner; (d) obtaining unauthorized access to any system, network, service, or account;
• (e) interfering with service to any user, site, account, system, or network by use of any program, script, command, or otherwise;
• (f) introducing or activating any viruses, worms, harmful code or Trojan horses;
• (g) sending or posting unsolicited messages or e-mail, whether commercial or not:
  •  to any recipients who have requested that messages not be sent to them, or
  •  to a large number of recipients, including users, newsgroups, or bulletin boards, at one time.
• (h) evading spam filters, or sending or posting a message or e-mail with deceptive, absent, or forged header or sender identification information;
• (i) holding BlueJam or its affiliates up to public scorn or ridicule;
• (j) reselling any element or module of the Platform, in whole or in part; or
• (k) misrepresenting the relationship with BlueJam.

BlueJam may suspend access to the Platform to Customer, or to the User in question, to the extent BlueJam discovers or reasonably suspects that Customer, or the User in question, is in violation of the AUP. BlueJam may, but has no obligation to, monitor Customer’s use of the Platform to ensure Customer is in compliance with the AUP. Customer remains fully liable for, and obligated to ensure the compliance with this AUP or, its Users’ use of the Platform. Questions about this AUP and reports of violations of this AUP should be directed to BlueJam at support

EXHIBIT C

SERVICE LEVEL AGREEMENT

• 1. Service Availability. BlueJam shall make the Platform Available to Customer at least 99.5% of the time, as measured in minutes on a calendar month basis (“Availability Commitment”). “Available” means the key components and modules of the Platform are accessible to Users, and “Downtime” means any times where the Platform is not Available.
• 2. Exclusions. For purposes of calculating the Availability Commitment, the following Downtime shall not be included: (a) Scheduled maintenance (not to exceed four (4) hours per calendar month); (b) Downtime caused by a Force Majeure Event; (c) malicious attacks on the Platform or the networks utilizing or containing key components or modules; (d) issues associated with the Customer’s applicable electronic devices, local area networks or internet service provider connections; (e) suspension of Customer’s access to the Platform as permitted in the Agreement; or (f) Customer’s breach of the Agreement. BlueJam will use commercially reasonable efforts to provide at least seventy-two (72) hours’ notice prior to scheduled maintenance, and to perform scheduled maintenance outside of Normal Business Hours
• 3. Service Credit. In the event BlueJam fails to meet the Availability Commitment in a given calendar month, as Customer’s exclusive and final remedy, Customer shall be entitled to a service credit equal to ten (10) times the prorated value of the Downtime, up to a maximum credit equal to twenty-five percent (25%) of the Platform-related fee paid by the Customer for the applicable month. By way of example only, if a Customer paying a monthly fee of $200 for the Platform experiences only 99% Availability in a given calendar month, the Customer shall be entitled to a credit of $20 ($200 x (100-99%) = $2 x10 = $20). TO BE ELIGIBLE FOR THE SERVICE CREDIT DESCRIBED IN THIS SECTION 2, CUSTOMER MUST NOTIFY BLUEJAM OF ITS FAILURE TO MEET THE AVAILABILITY COMMITMENT WITHIN TEN (10) DAYS OF THE END OF THE MONTH TO WHICH THE SERVICE CREDIT APPLIES. FAILURE TO PROVIDE SUCH NOTICE IRREVOCABLY WAIVES CUSTOMER’S ENTITLEMENT TO THE SERVICE CREDIT FOR SUCH PERIOD OF TIME.

Privacy Policy

What information we collect and why

To deliver our BlueJam solution we need to process some types of personal information about you. We are a data controller when delivering BlueJam to our customers. We are a data processor when customer and customer employees are processing certain personal data in the BlueJam solution. Read below to see what purpose, type of information and legal basis we have for processing your personal data. As a controller BlueJam Inc and its subsidiaries processes personal data for the following activities:

As a processor BlueJam processes personal data on behalf of our customers using BlueJam.

Your privacy rights

You have the right to require access, correction or deletion of the personal data we are processing about you. You also have the right to require limited processing of your personal data, the right to object to the processing as well as the right to require data portability. If you want to exercise your rights, send us an e-mail at privacy@bluejam.io. You also have the right to lodge a complaint about our processing to a supervisory authority (in Norway: Norwegian Data Inspectorate). For processing activities based on your consent, you have the right to withdraw your consent at any time.

Storage time of personal data

We keep your personal data with us as long as it is necessary to fulfill the purpose for which the personal data was collected. This means, for example, that personal data that we process will be deleted if you withdraw your consent. Personal data relating to BlueJam will be erased at the latest 12 months after termination of consumer contract.

Disclosure and sharing of personal data

To provide our services we rely on using some third party tools, in this connection considered as data processors. These are independent companies or legal entities that process certain personal data on behalf of us. BlueJam ensures that all processors have entered into a data processing agreement with BlueJam in order for us to always have control of your personal data and that the processing fulfills the requirements of the General Data Protection Regulation (GDPR). BlueJam also uses some processors outside the EU/EEA. In these cases, BlueJam ensures that the processors are subject to an adequate level of protection for the processing of personal data, for example by relying on Standard Contractual Clauses.

Subsidiaries & Sub-processors

Subsidiaries

We may engage with the following Subsidiaries as Sub-processors to deliver the Services

Sub-Processors

We may use sub-processors to provide our service. Listed below are sub-processors with whom we may share personal data.

* You may choose to not use functionality provided by our sub-processors marked with an asterisk above. They will require opt-in or opt-out (email support@bluejam.io to opt-out).
**No personal data is shared with OpenAI and data is not used to train AI models. Data inputted into AI features is sent to OpenAI for processing and generating AI output. Data may be temporarily retained in OpenAI’s environment for up to 30 days to provide the services and identify abuse. AI is only enabled for client’s that have opted-in to AI features. Ref: OpenAI Enterprise privacy .

Contact information to Data Protection Officer

Pål Høye

privacy@bluejam.io