Terms of Service

Additional policies

Your use of the Services is also subject to the following policies, which are incorporated into these Terms by reference:

1. Refund Policy
2. Privacy Policy
3. Cookie Policy
4. End User License Agreement

1. Who we are

In these Terms, BlurAway is referred to as "we," "us," or "our."

2. Eligibility

You must be able to form a binding contract in your jurisdiction to use the Services. You agree to use the Services in compliance with applicable law.

3. Accounts and security

3.1 Account required

Access to the Software, license management, and plan management is provided through your account.

3.2 Accurate information

You agree to provide accurate information and keep it up to date.

3.3 Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly if you suspect unauthorized access.

4. The Software and license

4.1 License terms

Your use of the macOS application is licensed, not sold, and is governed by the End User License Agreement.

4.2 Device and environment

The Services depend on your device, operating system, hardware, lighting, camera performance, and third party applications. The Services may fail, delay, misdetect, or behave unexpectedly.

5. Plans, trials, and purchases

5.1 Available plans

We may offer one or more plans, such as:

1. Yearly plan: an annual subscription that renews automatically unless cancelled
2. Lifetime plan: a one time purchase that provides access to the Software while it is commercially offered and supported, and includes updates and upgrades we make generally available

5.2 Free trial

We may offer a fourteen day free trial for eligible plans. Trial eligibility may be limited per user, account, or payment method. A valid payment method may be required to start a trial. We may place a temporary authorization to verify the payment method.

5.3 Automatic charge after trial

If you do not cancel before the trial ends, your payment method will be charged automatically at the end of the trial for the applicable plan, as described at checkout.

5.4 No plan upgrades

We do not offer upgrades from the Yearly plan to the Lifetime plan. If you want the Lifetime plan, you must purchase it separately.

6. Billing, renewals, and cancellation

6.1 Pricing and taxes

Prices are shown at checkout. Prices may exclude applicable taxes, which may be added at checkout where required.

6.2 Renewals

Subscriptions renew automatically for additional periods of the same length unless you cancel before the renewal date.

6.3 How to cancel

You can cancel through your account settings. Cancellation takes effect at the end of the current billing period. Unless required by law, we do not provide prorated refunds for unused time.

6.4 Failed payments

If a charge fails, we may retry the charge, suspend access, or terminate your subscription until payment is received. You remain responsible for all charges due.

6.5 Chargebacks and disputes

If you initiate a chargeback without first contacting support, we may suspend your account while we investigate. Providing false or misleading information in a payment dispute may result in termination.

7. Refunds

Refund rules are described in the Refund Policy. That policy does not limit any consumer rights that cannot be waived under applicable law.

8. Acceptable use

You agree not to:

1. Use the Services in a way that violates any law or regulation
2. Attempt to interfere with the Services, security, or integrity of our systems
3. Reverse engineer, decompile, or attempt to extract source code except where prohibited by law, and subject to the EULA
4. Use the Services to infringe the rights of others

9. Support and communications

9.1 Support

We may provide support at our discretion. We do not guarantee response times or outcomes. Support contact: hello@bluraway.co.

9.2 Electronic communications

By using the Services, you agree that we may communicate with you electronically, including by email, for support, transactional messages, and legal notices.

10. Intellectual property

The Services, Software, and all related content are owned by BlurAway or its licensors and are protected by intellectual property laws. You may not use our trademarks without our prior written permission.

11. Third party services

The Services may integrate with third party services, including payment processors. We are not responsible for third party products or services. Your use of third party services may be governed by their own terms and policies.

12. Important notice about privacy and outcomes

12.1 Not a security product

BlurAway is a privacy utility that can help reduce the chance of others viewing selected application windows under certain conditions. It is not a security product and it does not guarantee that information on your screen will never be seen, captured, disclosed, or accessed by others.

12.2 No guarantee of prevention

We do not guarantee that the Services will prevent viewing, observation, access, recording, screenshots, screen capture, disclosure, or leakage of information displayed on your device.

12.3 Your physical environment is your responsibility

You are responsible for your physical environment and screen privacy practices, including who can view your screen, camera positioning, and your use of device security features.

12.4 No professional advice

The Services and any information we provide are for general informational purposes only and do not constitute legal, security, privacy, or professional advice.

13. Disclaimer of warranties

To the maximum extent permitted by law, the Services are provided "as available" and "as is." We disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

14. Limitation of liability

To the maximum extent permitted by law:

1. We will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill
2. Our total liability arising out of or relating to the Services will not exceed the amount you paid to us for the Services in the twelve months before the event giving rise to the claim

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

15. Indemnification

You agree to indemnify and hold BlurAway harmless from and against claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Services or your violation of these Terms.

16. Suspension and termination

We may suspend or terminate your access to the Services if you violate these Terms, if your payment is overdue, or if we reasonably believe your use poses a security, legal, or operational risk. You may stop using the Services at any time. Sections that by their nature should survive will survive termination, including sections on intellectual property, disclaimers, limitation of liability, and dispute resolution.

17. Export controls and sanctions

You agree to comply with applicable export control laws and sanctions programs. You represent that you are not located in a country subject to comprehensive sanctions where access is prohibited, and you are not a prohibited or restricted party under applicable law.

18. Force majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including internet or hosting failures, power outages, device or operating system changes, labor disputes, acts of government, natural disasters, or other force majeure events.

19. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, corporate reorganization, or sale of all or substantially all assets.

20. Dispute resolution, arbitration, and class action waiver

Please read this section carefully. It affects your legal rights.

20.1 Informal resolution first

Before filing a claim, you agree to contact us at hello@bluraway.co and provide a brief description of the dispute and the relief requested. We will try to resolve disputes informally within a reasonable time.

20.2 Agreement to arbitrate

Except for disputes that qualify for small claims court or disputes seeking injunctive or other equitable relief for alleged unlawful use of intellectual property, you and BlurAway agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, not in court.

20.3 Arbitration rules and procedure

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by these Terms. The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration agreement. The arbitration may be conducted by telephone, video conference, written submissions, or in person in a reasonably convenient location.

20.4 Class action waiver

You and BlurAway agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative proceeding.

20.5 Small claims court option

Either party may bring an individual action in small claims court if it qualifies and remains an individual action.

20.6 Opt out of arbitration

You may opt out of this arbitration agreement by sending an email to hello@bluraway.co within thirty days of the earlier of:

1. The date you first created an account
2. The date you first made a purchase

Your email must include your full name, the email address associated with your account, and a clear statement that you want to opt out of arbitration.

20.7 Severability of arbitration section

If any part of this arbitration section is found unenforceable, the unenforceable portion will be severed and the remainder will remain in effect, except that if the class action waiver is found unenforceable, the entire arbitration section will be unenforceable.

21. Governing law

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict of laws principles, except to the extent consumer protection laws in your jurisdiction require otherwise.

22. Entire agreement, severability, waiver

These Terms, together with the policies listed above, are the entire agreement between you and BlurAway regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later.

23. Changes to the Services or Terms

We may update the Services and these Terms from time to time. If we make material changes, we will provide notice by posting an updated version on our website or by other reasonable means. Your continued use after the effective date of the updated Terms constitutes acceptance.

24. Contact

Questions about these Terms can be sent to hello@bluraway.co.