Effective Date: January 1, 2025 Last Updated: January 1, 2024
BluDOTAero Platform Agreement
1.Introduction
This Platform Agreement ("Agreement") governs the access and use of the BluDOTAero platform ("Platform") by the customer ("User"). By accessing and using the Platform, the User agrees to comply with the terms and conditions outlined herein.
2. License and Usage Rights
- BluDOTAero grants the User a limited, non-exclusive, non-transferable license to access and use the Platform, including branded or customized content, for the duration of their subscription.
- The User acknowledges that all content, including compliance training materials, compliance plans, and any other resources provided on the Platform, remains the property of BluDOTAero .
- Any modifications or configurations made to the Platform for the User’s use are licensed solely for use within the Platform. The User does not acquire ownership of such modifications.
3. Ownership and Intellectual Property
- BluDOTAero retains all rights, title, and interest in and to the Platform, including but not limited to its software, content, documentation, and any improvements or enhancements.
- Users may upload or provide their own content ("User Content") for use within the Platform. BluDOTAero will not claim ownership over User Content but will have a license to use it solely for the purpose of delivering services within the Platform.
- Transactional data, compliance training records, and compliance plans owned by the User will remain the User’s exclusive property. BluDOTAero will not distribute or share such information without the express consent of the User, except as required by law.
4. Fees and Payment
- The User agrees to pay all applicable fees associated with the use of the Platform. Fees are charged for making the Platform’s content and services available.
- All payments are non-refundable unless otherwise stated in a separate agreement..
5. Confidentiality and Data Protection
- BluDOTAero will maintain the confidentiality of User Content and ensure compliance with relevant data protection laws.
- In the event of a whistleblower report submitted via the Platform, BluDOTAero may engage with the User’s associates, executive team, and/or legal team to assess the severity of the issue. The identity of the reporting associate will be safeguarded until disclosure is deemed appropriate or legally required.
6.Compliance and Legal Obligations
- Users must comply with all applicable laws and regulations while using the Platform.
- BluDOTAero reserves the right to suspend or terminate access if any misuse, fraud, or violation of this Agreement is detected.
7. Termination and Modifications
- This Agreement remains in effect for as long as the User has an active subscription to the Platform.
- BluDOTAero may modify these terms at any time, with notice to Users. Continued use of the Platform constitutes acceptance of the updated terms.
8.Limitation of Liability
BluDOTAero is not liable for any indirect, incidental, or consequential damages arising from the use of the Platform.
9.Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which BluDOTAero operates.
10.Summary and Acknowledgment
By using the BluDOTAero Platform, the User acknowledges and agrees to the terms outlined in this Agreement. BluDOTAero reserves the right to modify these terms at any time, with updates taking effect upon publication. The latest version of this Agreement will always be available on the BluDOTAero and Blu Miles websites. Continued use of the Platform constitutes acceptance of any modifications.
Effective Date: January 1, 2025 Last Updated: January 1, 2024
BluDOTAero Content License Agreement
This Content License Agreement ("Agreement") governs the use of content made available to users ("User" or "You") through the BluDOTAero platform ("Platform"). By accessing or using the Platform, You agree to the terms of this Agreement.
1.License Grant
BluDOTAero grants You a limited, non-exclusive, non-transferable, and revocable license to access and use the content available on the Platform solely within the Platform’s environment and for Your internal business purposes. The content is provided for use only while You maintain an active subscription or access rights to the Platform.
2. Ownership and Restrictions
- Retention of Rights: All content, including but not limited to documents, templates, training materials, compliance guidelines, and any customized versions branded or configured for Your enterprise, remain the exclusive property of BluDOTAero or its licensors.
- No Transfer of Ownership : This Agreement does not transfer any ownership rights in the content to You. BluDOTAero retains all copyrights, trademarks, and other intellectual property rights associated with the content.
- Platform-Exclusive Use: Any content that has been customized, branded, or configured for Your enterprise remains licensed exclusively for use within the Platform. You may not use, distribute, copy, modify, or create derivative works outside of the Platform without BluDOTAero ’s express written permission.
- No Sublicensing or Redistribution: You may not sublicense, resell, lease, distribute, or otherwise make the content available to any third party without prior written consent from BluDOTAero .
3. Fees and Access
- Access Fees: Fees paid for access to the Platform cover the availability of licensed content for use within the Platform. Payment of such fees does not confer any rights to ownership or usage outside the Platform.
- Service Termination: If Your subscription or access to the Platform is terminated, Your license to use the content will automatically expire, and You must cease all use of any content obtained through the Platform.
4. Modifications and Updates
BluDOTAero reserves the right to update, modify, or remove content from the Platform at its discretion. Continued use of the Platform after any modifications to this Agreement constitutes acceptance of the updated terms.
5. Enforcement and Governing Law
- Compliance: Any unauthorized use of the content may result in the termination of access and potential legal action.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Palm Beach County, Florida, United States, without regard to its conflict of law principles.
By using the Platform, You acknowledge and agree to abide by this Content License Agreement. If You do not agree with these terms, You must discontinue use of the Platform and its content.
For any questions, please contact @ Info@bludotaero.com .
Effective Date: January 1, 2025 Last Updated: January 1, 2024
WORK FOR HIRE AGREEMENT
This Work for Hire Agreement ("Agreement") is made and entered into as of the effective date of the customer’s engagement ("Effective Date") by and between Blu Miles Aviation Services, Inc. and/or BluDOTAero (collectively, "BluDOTAero "), and the customer ("Customer").
1. PURPOSE AND SCOPE
This Agreement governs the creation of work product by BluDOTAero for the Customer, ensuring that the Customer obtains rights to specific deliverables while protecting BluDOTAero ’s proprietary materials, platform, and intellectual property.
2. WORK FOR HIRE DESIGNATION
- Any custom content, documents, or materials specifically created, modified, or developed by BluDOTAero at the Customer’s direction ("Deliverables") shall be considered "work made for hire" under U.S. copyright law. Upon full payment, all rights, title, and interest in such Deliverables shall be owned by the Customer, provided that the content was originally specified by the Customer or based on Customer-provided materials.
- Only the modifications, adjustments, or custom elements expressly created for the Customer ("Adjusted Content") shall be considered work for hire when such content is derived from or built upon BluDOTAero ’s proprietary intellectual property ("Background IP").
- At no time does this Agreement transfer, assign, or grant rights to the underlying BluDOTAero platform, technology, software, methodologies, templates, or pre-existing content ("Background IP") or any improvements, enhancements, or derivative works thereof ("Foreground IP"). BluDOTAero retains full ownership of all Background and Foreground IP.
3. EXCLUSIONS FROM WORK FOR HIRE
- This Agreement does not apply to any proprietary systems, software, platforms, processes, templates, or intellectual property developed or owned by BluDOTAero prior to or outside the scope of this engagement.
- Any modifications to BluDOTAero ’s platform, including branding, configuration, or structural adjustments made to suit the Customer’s needs, remain the exclusive property of BluDOTAero and are not covered under this Agreement.
4. LICENSE TO USE BLUDOTAERO BACKGROUND MATERIALS
- If Deliverables incorporate any Background IP owned by BluDOTAero , BluDOTAero grants the Customer a non-exclusive, non-transferable, revocable license to use such Background IP solely as necessary to utilize the Deliverables while actively using the BluDOTAero platform.
- This license does not grant the Customer rights to modify, distribute, or use BluDOTAero ’s Background IP separately from the Deliverables.
- Upon termination or expiration of the Customer’s engagement with the BluDOTAero platform, any continued use of BluDOTAero ’s Background IP or platform-related content will require a separate purchase or written agreement. Otherwise, all such content must be returned or access will be revoked.
5. PAYMENT AND DELIVERY
- The Customer shall compensate BluDOTAero as per the agreed-upon pricing terms. Ownership of the Deliverables is transferred to the Customer only upon full payment.
- BluDOTAero reserves the right to withhold delivery or revoke access to any Deliverables if payment is not completed.
6. CONFIDENTIALITY AND DATA PROTECTION
- Both parties agree to maintain the confidentiality of all non-public proprietary information exchanged in connection with this Agreement.
- BluDOTAero will not use, disclose, or distribute any transactional data, compliance records, or Customer-provided content without the express consent of the Customer, except as required by law.
7. WARRANTIES AND LIMITATIONS
- BluDOTAero warrants that the Deliverables created specifically for the Customer will not knowingly infringe on any third-party intellectual property rights.
- The Deliverables are provided "as is," and BluDOTAero makes no warranties regarding fitness for a particular purpose or uninterrupted operation of the Deliverables.
8. TERMINATION
- Either party may terminate this Agreement with written notice if the other party materially breaches its obligations and fails to cure such breach within 30 days of notification.
- Termination does not affect the rights already granted to the Customer for any fully paid Deliverables. However, upon termination, any continued use of BluDOTAero ’s Background IP or platform-related content requires separate licensing or must be discontinued.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Palm Beach County, Florida, United States, without regard to its conflict of law principles.
10. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings regarding the subject matter.
By engaging BluDOTAero under this Agreement, the Customer acknowledges and agrees to these terms.
Effective Date: January 1, 2025, Last Updated: January 1, 2024
User Data Protection Agreement
1.Introduction
This User Data Protection Agreement ("Agreement") outlines the policies and commitments of BluDOTAero to protect the rights of platform users regarding their proprietary content, transactional data, and compliance-related records. By using the platform, users acknowledge and agree to the terms outlined in this Agreement.
2.Ownership of User Data
All content, including but not limited to transactional data, customer inquiries, pictures, graphics and customer information (collectively, "User Data"), remains the sole property of the respective user. BluDOTAero does not claim ownership over any User Data created, uploaded, or maintained on the platform by its users.
3. Permitted Use of User Data
BluDOTAero will use User Data strictly for the purpose of providing platform-related services, which include but are not limited to:
- Storing and managing records
- Enabling notification, tracking and reporting
- Facilitating user-requested information
User Data will not be accessed, used, or modified by BluDOTAero for any purpose other than providing the platform services, except as required by law or with the explicit consent of the user.
4.Data Confidentiality and Protection
BluDOTAero commits to implementing industry-standard security measures to protect User Data from unauthorized access, disclosure, or misuse. This includes:
- Encryption of stored and transmitted data
- Access controls to limit data access to authorized personnel only
- Regular security audits and compliance assessments
5.No Distribution Without Consent
BluDOTAero will not distribute, sell, or share User Data with third parties without the express written consent of the user, except as required by applicable law. Any data sharing requested by the user will be conducted in accordance with their specific instructions and privacy requirements.
6.User Rights and Control
Users retain full control over their data, including:
- The right to access and review their stored information
- The right to modify or update records as necessary
- The right to request deletion of data upon termination of services, subject to applicable legal retention requirements
7.Compliance with Legal Requirements
BluDOTAero will comply with all applicable data protection laws and regulations regarding the handling, storage, and security of User Data. If any legal request for data disclosure arises, users will be notified unless prohibited by law.
8. Changes to This Agreement
BluDOTAero reserves the right to update this Agreement as needed to reflect changes in policies or legal requirements. Users will be notified of significant changes before they take effect.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Palm Beach County, Florida, United States, without regard to its conflict of law principles.
10. Contact Information:
- For any questions or concerns regarding this Agreement or data protection practices, users may contact:
BluDOTAero , Info@bludotaero.com , (855) XXX-XXXX
By using the BluDOTAero platform, users acknowledge and agree to the terms of this User Data Protection Agreement