Bluebird Data LLC, (“Bluebird Data,” “we,” “us,” or “our”) provides www.bluebirddata.com (the “Site”) and other related sites and online services, and any tools or services and content or data downloaded or accessed from these sites and services (collectively, the “Service(s)”) to users (each, “you” or “your”) subject to these Website Terms of Service and any posted guidelines, rules, policies, or service specific terms of use applicable to the Services (collectively, the “Terms”), which may be updated from time to time. By accessing the Site or Services, you agree to comply with and be bound by the Terms.   

 

PROHIBITED USE OR CONTENT 

You may not use, or encourage, promote, facilitate, or instruct others to use, the Site, Services for any illegal, unlawful, harmful, restricted, or offensive use, or to create, transmit, store, display, or distribute or otherwise make available content that is illegal, unlawful, harmful, prohibited, or offensive. Examples of prohibited activities and content include: 

1. Illegal activities – using the Site or Services in any manner that violates any laws or regulations, such as advertising, transmitting, or otherwise making available gambling sites or services or storing, disseminating, promoting, or facilitating child pornography. 
2. Harmful or fraudulent activities – engaging in activities that may be harmful to others or to Bluebird Data’s operations or reputation, such as offering or disseminating speculative or fraudulent goods, services, schemes, or promotions; engaging in any deceptive practices or practices that pose or create a privacy or security risk to any person; attempting to impersonate another person or affiliation with an entity, including, but not limited to, Bluebird Data; or attempting to circumvent any bans or suspensions by Bluebird Data moderators or to evade any content filters. 
3. Infringing content – posting any material that you don’t have the right to transmit under law (such as copyright, trade secret, or securities) or under contractual obligation (such as nondisclosure agreements) or posting content other than as authorized or in a manner that misappropriates the intellectual property or proprietary rights of others, including, but not limited to, your employer or former employers. 
4. Threatening content – posting or reposting content that is threatening, defamatory, or abusive towards other users or a Bluebird Data Associate; “rants,” “slams,” or threats against Bluebird Data or any another company or person. 
5. Harmful content – posting or reposting any content, file, link or technology that may damage, interfere with, modify, intercept, or expropriate any system, program, or data, such as viruses, Trojan horses, worms, time bombs, and cancelbots; attempting to interfere in any way with Bluebird Data operations or with another user’s account, including, but not limited to, mail or “post” bombing, news bombing, use of other flooding techniques, deliberate attempts to overload the system, or attempts to avoid message blocking. 
6. Unsolicited or unlawful mailings or posting of duplicative content – transmitting or distributing “junk mail”, “chain letters”, “SPAM”, or other forms of unsolicited mail or instant messages; distributing, posting or reposting of advertising or promotional materials, or any other forms of solicitation, including class action suits, charitable appeals and offering or disseminating goods, services, schemes, or promotions (including through advertising links in signatures); unreasonably or unnecessarily posting the same comments, content and workflows in multiple places while using the Site or Services. 
7. Competitive activities – using or applying the Sites or Services or any Output Content in any manner directly or indirectly competitive with any business of Bluebird Data, including developing, making, or creating products or services that are based off of or similar or competitive in nature to the Sites, Services, Output Content, and other data, products or services of Bluebird Data, including, without limitation, by modifying or making derivative works of the Sites or Services or any Output Content.
8. Training technologies – using the Site, Services, or any Output Content in any manner for purposes of developing or training Artificial Intelligence (AI) or other related technologies.
9. Personal data – posting or reposting any content that discloses the personal data of others- including any individually identifying information, in any format- whether about users, others, or Bluebird Data Associates, on forums, comments, templates, workflows, use cases, or examples uploaded to the Bluebird Data Community, or any other sharing of content using the Site or Services; soliciting of personal data from anyone under the age of 18. As with any publicly accessible forum, for your privacy and security, you should not post personal data about yourself while using the Site or Services.
10. Other use restrictions – You may not 

1. a) copy, modify, or make derivative works of any part of the Site or Services, 
2. b) incorporate any part of the Site or Services into AI or other technologies, 
3. c) translate or convert any part of the Site or Services, including any workflows, recipes, insights or other information, into another programming language, or port over any data or content from the Sites or Services into a different online site, product, or service, or 
4. d) extract any underlying code, data, components or other information of the models, algorithms, and systems, such as exfiltrating the weights of models, utilized by the Site or Services.  You may not post or repost hyperlinks to sites that violate any of the Terms.  

 

SECURITY VIOLATIONS 

You may not use the Site or Services to violate the security or integrity of any network, computer or computing device, communications system, or application (each, a “System”). Prohibited activities include unauthorized access to or use of any System, including the Site and Services, such as attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System. You may not disrupt the Site or Services or any function of the Site or Services, interfere with another user’s enjoyment of the Site or Services, or use the Site or Services for fraudulent or deceptive purposes. Examples of security violations under these Terms include, but are not limited to:

1. Forging any TCP/IP packet header or any part of the header information in any posting, or in any way using the Site or Services to send altered, deceptive, or false source-identifying information.
2. Using viruses, bots, worms, or any other malicious computer code, files, or programs that interrupt, destroy, or limit the functionality of any System or otherwise permit the unauthorized use of or access to a System.
3. Interfering with the access of any user, host, or network to the Site or Services. 
4. Making any automated use of a System, such as, but not limited to, using scripts to send images or videos.
5. Interfering with, disrupting, or creating an undue burden on the Site or Services, including any networks or services connected to the Site or Services.
6. Impersonating or attempting to impersonate or otherwise attribute content to or misrepresenting your affiliation with another user, person, or entity, including through pretexting or any other form of social engineering.
7. Selling or otherwise transferring your profile.
8. Collecting, using, or storing any personal data about another user without their express consent by electronic or other means and for any purpose.
9. Scraping, web harvesting, or using web data extraction methods on the Site or Services (including, for clarity, with respect to any Output Content or data thereof, such as workflows, or any content or data posted by other users on the Site and Services) using any manual means or crawlers, bots, or other automated mechanisms.  

We reserve the right, at our sole discretion, to investigate any violation of these Terms or misuse of the Site or Services and may remove, disable your access to, or modify any content on the Site or Services that violates the Terms, applicable law, or regulation, or fails to comply with any other agreement between you and Bluebird Data or with respect to Third-Party Terms. Bluebird Data may report any activity that we suspect violates any law or regulation to law enforcement, regulators, or appropriate third parties, including, but not limited to, for the purposes of enforcing Bluebird Data’s legal rights and remedies. Our reporting may disclose relevant information about you and your use of the Site or Services, including network and systems information pertaining to illegal conduct or an alleged violation of these Terms.   

 

USAGE DATA 

Bluebird Data collects data about your use of our Sites and Services. Usage data includes how and when you use the Site and Services, and your participation and completion of training courses. To the extent usage data includes any individually identifying information, Bluebird Data and its third-party service providers shall treat such data in accordance with Bluebird Data’s published Privacy Policy.

 

ELECTRONIC COMMUNICATIONS 

You agree that all agreements, notices, disclosures and other communications that Bluebird Data provides to you electronically satisfy any legal requirement that such communications be in writing.   

 

BLUEBIRD DATA TRADEMARKS

“Bluebird Data” and other Bluebird Data graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Bluebird Data in the U.S. and/or other countries. Bluebird Data’s trademarks and trade dress may not be used in connection with any site, materials, product, or service except as expressly authorized by Bluebird Data and may not be used in any manner that is likely to cause confusion among customers or otherwise in the marketplace, or in any manner that disparages or discredits Bluebird Data. All other trademarks not owned by Bluebird Data that appear on the Site and Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bluebird Data.  

 

SITE AVAILABILITY 

Bluebird Data will make commercially reasonable efforts to make the Site and Services available. We are not liable for any errors or delays in the content or transmission of postings while using the Services.   

 

COPYRIGHT INFRINGEMENT 

If you believe that content belonging to you has been made available on the Site or Services without your permission, please notify Bluebird Data:

By mail: Copyright Agent, Bluebird Data LLC, 55 Rockledge Drive, Stamford, CT 06902

By email: [email protected]

In accordance with the Digital Millennium Copyright Act, your written notification must include:

1. Your physical or electronic signature, or that of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on a single site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or the subject of infringing activity and for which removal or disabled access is requested, together with information reasonably sufficient to permit Bluebird Data to locate the material.
4. Information reasonably sufficient to permit Bluebird Data to contact you or the complaining party, such as an address, telephone number, and, if available, an email address, at which you or the complaining party may be contacted.
5. A statement that you or the complaining party has a good faith belief that use of the material in the manner described in the notification is not authorized by you or the copyright owner, its agent, or the law.
6. A statement that the information provided in the notification is accurate and, under penalty of perjury, that you or the complaining party is authorized to act as or on behalf of the owner of an exclusive right that is allegedly infringed.  

 

INTELLECTUAL PROPERTY 

You are not provided any rights to any intellectual property made part of or accessible to you through use of the Site or Services. All rights not expressly granted under these Terms are reserved by Bluebird Data and its partners and third-party service providers. With respect to any specific combination of tools you utilize through the Bluebird Data software (including workflows, recipes, insights, or any Output Content) and publish to the Site or Services, you agree and grant Bluebird Data and any user of the Site or Services a perpetual, irrevocable, worldwide, non-exclusive, non-assignable, royalty-free license (with the right to sublicense) to copy, distribute, publicly display (e.g., post elsewhere), reproduce and create derivative works of, whether in print or any kind of electronic version that exists now or later developed, for any purpose, including a commercial purpose. With respect to any workflow, recipe, insight, or any Output Content published by you to any private Community group or workspace, you hereby grant Bluebird Data a worldwide, perpetual, irrevocable, nonexclusive, non-assignable, royalty-free license to sublicense to any user to whom you have provided access to such private group or workspace, the right to use, run, edit, or view, as applicable, the workflow, recipe, insight, or any Output Content, including the use of your data to create such formula or results. When you publish, upload, submit, store, send, share, or receive content to or through the Site and Services, you give Bluebird Data (and our partners and third-party service providers) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make so that your content works better with the Services), communicate, publish, publicly perform, publicly display, and distribute such content. This license continues even if you stop using the Site and/or Services. You warrant that the content, including any workflow, recipe, insight, or Output Content that you make available on the Site or Services shall not infringe the rights of others, including those of your employer or former employers. You, and not Bluebird Data, are solely responsible for any violation of any intellectual property rights in the content, including Output Content, that you upload or otherwise make available on the Site or Services.  

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Your entire use of the site and services is at your own risk. The site, services, and any data, information, content, materials, products, and workflows, recipes, insights, and output content included or published on or otherwise made available to you through the site and services (collectively, the “site materials”) are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, bluebird data disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, accuracy or completeness of responses, results, reasonable care or workmanlike effort, lack of negligence, and/or lack of viruses, all with regard to the site, services, and site materials. Further, bluebird data makes no warranty that the sites, services, or site materials will operate properly as integrated with your workflows, applications, data, or systems, or provide any particular results. Bluebird data does not warrant that the site, services, site materials, bluebird data’s servers, or email sent from bluebird data are free of viruses or other harmful code. Bluebird data and its affiliates and each of their respective officers, employees, agents, partners, suppliers, and licensors shall have no liability for any direct, indirect, incidental, punitive, exemplary, special, reliance or consequential damages arising out of or related to the sites, services, terms, or site materials, including, but not limited to, damages for any site materials  or content published by any party on the site or services, or damages for loss of profits, goodwill, use, or data, even if bluebird data has been advised of the possibility of such damages.  Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional legal rights.  

 

INDEMNIFICATION 

You shall indemnify, defend, and hold harmless Bluebird Data and its affiliates and each of their respective officers, directors, employees, attorneys, suppliers, licensors, and agents from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with any third-party claim based on or related to: (i) your use of the Site or Services, including the AI Services, or any Output Content in breach of the Terms or any Third-Party Terms or in violation of applicable law; (ii) your access to or use of any Site Materials or content on the Site or Services; or (iii) your violation or alleged violation of any third-party intellectual property or privacy rights.  

 

APPLICABLE LAW AND JURISDICTION

You agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that may arise between you and Bluebird Data. You agree to exclusive jurisdiction of Delaware federal and state courts for resolution of any dispute related to the Terms.  

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Your access to or use of the Site or Services is governed by the Terms and all policies and guidelines published on the Site and as part of the Services and any applicable product documentation. We reserve the right to make changes to the Site, Services, published policies and guidelines, and the Terms at any time. If any provision of the Terms is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.