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Legal

Bluu Terms of Service

Last updated: November 13, 2026

These Terms of Service ("Terms") are a legal agreement between LA Media Group LLC, a Florida limited liability company at 3134 Peachtree Cir, Davie, FL 33328 ("LA Media Group", "we", "us" or "our"), and the business that signs up for or uses Bluu ("you" or "your"). Bluu is made and run by LA Media Group, which is why you see "Powered by LA Media Group" on every page.

Please read Section 30 carefully. It requires most disputes between us to be resolved by binding individual arbitration instead of in court, and it waives class actions and jury trials. You can opt out within 30 days of accepting these Terms, as Section 30.8 explains.

The short version

This summary is here to help you find your way. The full Terms below are what count.

  • Bluu is for businesses. Whoever signs up must be at least 18 and allowed to sign for the business.
  • Your Bluu plan renews every month and is charged to your card in advance until you cancel. You can cancel any time in My Billing and keep access until the end of the month you've paid for.
  • We don't give refunds, except in the few cases our Refund Policy lists.
  • If a payment fails and isn't fixed within 7 days, your apps lock until it's paid.
  • The data about your customers belongs to you. We process it for you, and we never sell it.
  • You are the sender of every text and email that goes out from your account, and you need permission to send it.
  • AI can be wrong. Check what it writes before you rely on it.
  • Don't store or send protected health information in Bluu. We don't currently sign Business Associate Agreements.

1. The agreement

1.1 What makes up the agreement. These Terms and the documents below together form the agreement between you and us (the "Agreement"). Each document is part of these Terms as if it were written here in full:

  • Acceptable Use Policy
  • Messaging Terms
  • AI Terms
  • Data Processing Addendum
  • Cancellation Policy
  • Refund Policy
  • Promotional Offer Terms
  • Website Services Terms, if you buy the Website Add-On

Our Privacy Policy and Cookie Policy explain how we handle personal information about you, your team and visitors to our websites.

1.2 How you accept. You accept these Terms when you tick the box or press the button at signup that refers to them, when you create a Bluu account, or when you use Bluu, whichever happens first. If you accept on behalf of a business, you confirm that you have authority to bind it, and "you" means that business.

1.3 Which accounts these Terms cover. These Terms apply to Bluu accounts that a business signs up for and pays for directly, whether through usebluu.com, bluucrm.com or the Bluu dashboard at bluu.lamediagrp.com. If your business has a separate written agreement with LA Media Group that both of us have signed, such as a managed website plan, that agreement controls wherever it conflicts with these Terms.

1.4 If documents conflict. Where two documents disagree, this order applies, first to last: (a) a separate written agreement signed by both of us; (b) the Data Processing Addendum, on how we process personal data; (c) the Website Services Terms, Messaging Terms, AI Terms, Promotional Offer Terms, Acceptable Use Policy, Cancellation Policy and Refund Policy, each on its own subject; (d) these Terms. The price shown on your Order controls over any price stated in these documents.

1.5 Words with special meanings.

  • "Bluu" or the "Service" means the Bluu dashboard at bluu.lamediagrp.com, its apps and add-ons, the chat widget, booking pages, forms and other tools we provide for use on your own website, and related support.
  • "Account Owner" means the person who signs up for your business and anyone you later make an owner of the account.
  • "Team Members" means everyone you give access to your account, including the Account Owner.
  • "Your Customers" means your customers, leads, website visitors and anyone else you interact with using Bluu.
  • "Customer Data" means all information that you, your Team Members or Your Customers put into Bluu, or that Bluu collects or receives for you, such as contacts, messages, chat transcripts, bookings, form answers, reviews, files, and payment details passed from your connected Stripe account.
  • "Your Content" means Customer Data and everything else you provide or create in Bluu, such as logos, images, text, templates, posts, emails, website content and training notes for AI features.
  • "Order" means your signup checkout and any later purchase, such as an add-on, a wallet top-up, a phone number or the Website Add-On.
  • "Third-Party Services" has the meaning in Section 19.

2. Who can use Bluu

2.1 Businesses only. Bluu is a business tool. You may use it only for your business, not for personal, family or household purposes.

2.2 Age and authority. The person who signs up must be at least 18 years old and have authority to accept these Terms for the business.

2.3 US businesses. Bluu is offered to businesses located in the United States. Texting and phone numbers work with US phone numbers only.

2.4 One plan per business. Each Bluu plan is for one business brand. Several locations of the same brand can share one account. A separate brand needs its own plan.

2.5 Who can't use Bluu. You may not use Bluu if you are on a US government sanctions or restricted party list, if your business is in an industry our Acceptable Use Policy prohibits, or if you are a direct competitor of ours using Bluu to monitor or copy it. You may not resell, sublicense or white-label Bluu without our written agreement.

2.6 Accurate details. The information you give us at signup and afterwards must be true, complete and kept up to date.

2.7 We may decline. We may refuse a signup, a free trial or an Order for any lawful reason, including the results of fraud screening.

3. Your account and its security

3.1 Your team. You decide who has access to your account and what each person can do. Give each person their own login and never share logins. You are responsible for everything done under your account, by your Team Members and by anyone using their login details, and for making sure your Team Members follow the Agreement.

3.2 Keeping logins safe. Use strong passwords, keep them private and use any extra sign-in protection we offer. Email us at info@lamediagrp.com straight away if you think someone has accessed your account without permission. We are not responsible for losses caused by someone using your login details.

3.3 If people disagree about who controls the account. If people disagree about who controls an account, for example business partners or a former employee, we may treat the business named on the account, and the holder of the payment method on file, as its owner, and we may rely on instructions sent from the Account Owner's email address. We may ask for documents and may restrict the account until the disagreement is resolved. We do not have to resolve it.

3.4 How we contact you. We send account emails, such as receipts, payment reminders, security alerts and notices of changes, to the Account Owner's email address, and we show some notices in the dashboard. You agree to receive these electronically, and they count as written notice. Keep your email address current. You can opt out of our marketing emails at any time, but not of account emails while your account is open.

4. What Bluu includes

4.1 The apps. Bluu brings together contacts and CRM, leads from many sources, a website chat with optional AI, online booking and appointments, reviews and review requests, a sales pipeline, forms, templates, analytics, business listings, social media posting, email marketing, text messaging, phone numbers, a blog writer, events, products and packages, and an AI assistant inside the dashboard. What you can use depends on your plan and any add-ons, as described on our pricing page and in the dashboard.

4.2 What some features need. Some features need more than a plan to work: funds in your wallet (texts and phone numbers), approval from the phone carriers (texting), your own verified sending domain (email marketing), connected accounts with Google, Meta, Stripe or others, your own website (the chat widget and forms), and approvals by third parties we don't control. If any of these isn't in place, the feature may not work, and that isn't a reason for a refund.

4.3 Limits. To keep Bluu fast and fair for everyone, we may set reasonable limits on things like contacts, storage, messages per day, AI usage and campaigns. New accounts and accounts in a free trial may start with lower sending limits that rise as the account builds a good sending history. Where we describe something as "unlimited", it means unlimited for normal business use, not for use that harms Bluu or other customers.

4.4 Support. Support is by email at info@lamediagrp.com, through the dashboard, or on a call you book on usebluu.com. We don't offer support by phone. We usually reply within one business day, but we don't guarantee response times. Self-serve plans don't include us setting up your account for you, except for the website work included in the Website Add-On.

5. Your plan, free trial and launch offer

5.1 The Bluu plan. The Bluu plan's list price is $199 per month in US dollars, plus any taxes, unless your Order shows a different price.

5.2 The launch offer. While the launch offer is available, new customers get $50 off the Bluu plan every month, so they pay $149 per month, for as long as their subscription stays active without a break. The offer ends if you cancel or if your plan ends for non-payment, and if you come back later you pay the price in effect then. We may stop offering it to new signups at any time. The Promotional Offer Terms give the full details, including how the $99 price is protected while your offer lasts.

5.3 The free trial. New customers can try Bluu free for 7 days. A card is required. Unless you cancel before your trial ends, your card is charged automatically when it ends. If you cancel during the trial, you aren't charged for the Bluu plan, and your access ends when the trial ends. There is one trial per business and per card. The Promotional Offer Terms give the full details.

5.4 Automatic renewal. Your Bluu plan is a monthly subscription that renews automatically. By signing up, you authorize us and our payment processor to charge your payment method when your free trial ends, and then every month in advance, for your Bluu plan and any add-ons at the prices then in effect, plus taxes, until you cancel. Each monthly billing period starts on your billing date, which is normally the day your trial ended. You can cancel at any time, as Section 7 explains.

6. Billing, taxes and failed payments

6.1 How we bill. We bill through Stripe, our payment processor. Stripe handles your card details, and we don't store full card numbers. You authorize us to charge your payment method for all amounts due under the Agreement, including your plan, add-ons, upgrades, wallet top-ups and auto-reloads, phone number fees, carrier registration fees, and the Website Add-On and its setup fee.

6.2 One monthly invoice. Your plan and add-ons appear on one invoice each month, billed in advance. Invoices and receipts are in My Billing and are emailed to you.

6.3 Your payment method. Keep a valid card on file. If a charge to your default card fails, we may try any other card saved on your account.

6.4 Taxes. Our prices don't include taxes. Where we must collect sales, use or similar taxes, we add them to your invoice based on the billing address you give us. You are responsible for all taxes on your purchases other than taxes on our income.

6.5 Price changes. We may change our prices. Before a higher price applies to a subscription you already have, we will give you at least 30 days' notice by email, and the new price starts on your first billing date after the notice period ends. If you don't want to pay it, cancel before then. Usage prices, such as text messages, phone numbers and carrier fees, can change when our providers or the carriers change what they charge us. We give as much notice of those changes as we reasonably can, and current rates are always shown in the dashboard. The launch offer's price protection is explained in the Promotional Offer Terms.

6.6 Billing questions. If you think a charge is wrong, email info@lamediagrp.com within 60 days of the charge. After 60 days the charge is final, except where the law says otherwise.

6.7 Failed payments and the lock.

(a) If a payment fails, we email you reminders and retry your card.

(b) If the payment is still unpaid 7 days after it was due, we lock your dashboard. You can still sign in, but your apps stay locked until you update your card in My Billing and the payment goes through. My Billing stays open so you can fix it.

(c) While your account is locked, Bluu may stop doing work for you and Your Customers. Scheduled messages, appointment reminders, automations, campaigns, social posts and AI chat may not run, and your booking pages, forms and chat widget may stop working. We are not responsible for anything that doesn't happen while your account is locked.

(d) As soon as the payment goes through, everything unlocks automatically.

(e) If any amount is still unpaid 30 days after it was due, we may end your subscription and close your account. We will email you before we do. Your launch offer then ends, and Section 25 applies to your data.

The first payment when your free trial ends works differently: if it fails, your apps lock straight away until it goes through, as the Promotional Offer Terms explain.

6.8 Chargebacks. If you dispute a charge with your bank or card issuer instead of contacting us, we treat it as non-payment. We may lock or close your account immediately, your launch offer ends, and if the dispute is decided in our favor you must pay the disputed amount plus the dispute fee our payment processor charged us. Please email us first: most billing questions are quick to sort out.

6.9 Collection costs. If you don't pay amounts you owe, you will also pay our reasonable costs of collecting them, including collection agency fees and reasonable attorneys' fees.

7. Cancelling

7.1 The Bluu plan. You can cancel at any time in the dashboard under My Billing. Your access continues until the end of the month you have already paid for, and then it ends. We don't refund the rest of the month.

7.2 During the free trial. If you cancel during your trial, you aren't charged for the Bluu plan and your access ends when the trial ends.

7.3 Add-ons. Stopping an add-on takes effect at your next bill, as Section 9.3 explains.

7.4 The Website Add-On. The Website Add-On needs 30 days' written notice to cancel, as the Website Services Terms explain. If you cancel your Bluu plan while you have the Website Add-On, your cancellation also counts as notice for the Website Add-On, and your Bluu plan stays active, and billed, until the Website Add-On ends.

7.5 What cancelling doesn't do. Cancelling doesn't cancel amounts you already owe. The Cancellation Policy explains every step.

8. Refunds

All payments are final and non-refundable. That includes partial months, unused time, unused features, add-ons and allowances, wallet balances, phone number and carrier fees, and setup fees once work has started. The only exceptions are a duplicate charge caused by our error, which we correct, a Website Add-On setup fee if you cancel before work starts, and any refund the law requires. The Refund Policy has the details.

9. Add-ons

9.1 What they are. Paid add-ons inside Bluu include AI chat, Email Marketing plans, Social plans, the Blog Writer and similar upgrades, at the prices shown in the dashboard when you buy them. They are billed on the same monthly invoice as your Bluu plan. The launch offer does not apply to add-ons.

9.2 Upgrades. When you add an add-on or move to a higher plan partway through a billing period, we immediately charge the prorated difference for the rest of that period. From your next bill, you pay the full price.

9.3 Downgrades and stopping. A move to a lower plan, or stopping an add-on, takes effect at the start of your next billing period. You keep what you have until then. There is no refund or credit for the current period.

9.4 Allowances. Monthly allowances, such as emails, AI replies, posts or credits, reset each billing period, don't carry over, and have no cash value. Removing and re-adding an add-on doesn't reset an allowance.

9.5 Add-ons need a plan. Add-ons need an active Bluu plan. When your plan ends, your add-ons end with it.

10. Your wallet (My Billing balance)

10.1 What it's for. Your wallet is a prepaid balance in My Billing that pays for usage, such as text messages, phone numbers, carrier registration fees and similar pay-per-use items, at the rates shown in the dashboard.

10.2 The rules.

  • Your balance is non-refundable and can't be cashed out, transferred to anyone else or used for anything except usage in your account.
  • It earns no interest and is not a bank account or deposit.
  • It can't go below zero. If your balance can't cover something, it doesn't happen until you add funds. For example, a text won't send.
  • Texting requires a minimum balance, shown in the dashboard.
  • Your balance doesn't expire while your account is open. Any unused balance is forfeited when your account closes.
  • A usage charge is final once the usage happens, including a message that a carrier rejects, filters or fails to deliver where we are still charged for it.

10.3 Auto-reload. Auto-reload is optional. When you turn it on, you authorize us to charge your saved card the reload amount you choose each time your balance falls below the level you set, until you turn auto-reload off in My Billing. If a reload charge fails, auto-reload stops until you update your card.

11. Phone numbers

11.1 You use them, you don't own them. We provide phone numbers for use with Bluu while your account is open and each number's monthly fee is paid from your wallet.

11.2 If a number's fee goes unpaid. If your balance can't cover a number's monthly fee, we will tell you. If it is still unpaid 7 days later, the number may be released, and a released number usually can't be recovered.

11.3 When your account closes. Your numbers are released when your account closes. If you want to move a number to another provider, ask us before your account closes and we will cooperate with a transfer request from your new provider where the carriers allow it. We can't guarantee that a number can be moved.

11.4 No emergency calls. Bluu phone numbers can't be used to reach 911 or any other emergency service.

12. The Website Add-On

For self-serve customers, the Website Add-On costs $299 per month on top of your Bluu plan, plus a one-time setup fee of $799. LA Media Group designs, builds, hosts and maintains a website for your business, with unlimited reasonable edit requests. It needs an active Bluu plan, and it can be added once your free trial has ended and your first Bluu payment has gone through. Cancelling needs 30 days' written notice, and the setup fee is non-refundable once work starts. The Website Services Terms apply, including what happens to your site and its content when the add-on ends.

13. Acceptable use

You must follow our Acceptable Use Policy. In short: no spam, no illegal, deceptive or harassing content, no impersonation, no purchased lists, no texting for industries the carriers prohibit, and no scraping, reverse engineering, overloading or attempts to get around Bluu's security, limits or fees. You also may not copy, modify, frame or mirror Bluu, access it by automated means except through features we provide, or use it to build a competing product.

14. Your data and your responsibilities

14.1 Your data is yours. As between you and us, you own Customer Data and Your Content. We hold Customer Data for you to run Bluu. We don't sell it, and we don't use it to market to Your Customers.

14.2 Permission for us to use it. You give us a worldwide, non-exclusive, royalty-free permission to host, store, copy, process, transmit, display, format and publish Your Content as needed to provide, secure, support and improve Bluu, to carry out your instructions (for example, sending your emails and texts, posting to your social accounts, publishing your website and listings, and answering your website visitors with AI chat), and to comply with the law. This permission ends when Your Content is deleted under Section 25, except for copies we may keep under that section.

14.3 Our role. For personal information in Customer Data, you are the controller (called the "business" under California law) and we are your processor (called a "service provider"). The Data Processing Addendum applies.

14.4 What you are responsible for. You are responsible for:

  • having the legal right to collect, use and share Customer Data, and for giving every notice and getting every consent the law requires;
  • a privacy policy on your website that covers the information you collect through Bluu, including chats, forms and bookings, and your use of service providers and AI;
  • the accuracy of Customer Data and of your business details, such as your address, hours, services and prices, which feed your website, booking pages and AI chat;
  • responding to Your Customers' privacy requests, with our help as the Data Processing Addendum describes; and
  • how you and your Team Members use Customer Data.

14.5 Our templates aren't legal advice. Templates, sample wording, default consent text, opt-in forms and ready-made privacy pages in Bluu are there for convenience. They are not legal advice. You must review them and decide whether they suit your business and the law that applies to it.

14.6 What you must not put into Bluu. Don't put any of the following into contacts, notes, messages, forms, files or any other part of Bluu: full payment card numbers, bank account numbers, Social Security numbers, driver's license or other government ID numbers, passwords for other services, or protected health information (Section 17). Don't use Bluu to knowingly collect information from children under 13.

14.7 Keep your own copies. Bluu is not a backup service. Keep your own copies of important data, using the export tools in the dashboard.

14.8 Usage data. We collect information about how Bluu is used, such as which features are used, performance and errors. We may also create aggregated, de-identified information from Customer Data that doesn't identify you, Your Customers or any person. We use this information to run, secure and improve Bluu, and we won't try to re-identify de-identified information.

14.9 Information about you and your team. We handle personal information about you and your Team Members, such as names, email addresses, billing details and how you use Bluu, as our Privacy Policy describes.

15. Texts, emails and other messages

15.1 You are the sender. Every text, email and other message that goes out from your account is sent by you, on your instructions, with the recipients, content and timing you choose or set up, including automations, reminders, campaigns and AI-assisted messages you approve or switch on. We provide the technology that carries them.

15.2 The law. You must follow every law and rule that applies to your messages, including the Telephone Consumer Protection Act and the Federal Communications Commission's rules, the Telemarketing Sales Rule, the CAN-SPAM Act, state laws such as the Florida Telephone Solicitation Act and other state telemarketing and texting laws, the phone carriers' rules, and the rules of email providers such as Google and Yahoo.

15.3 The key rules. The Messaging Terms set these out in full. In summary:

  • Get prior express written consent before sending marketing texts, and the right consent for every other text.
  • Never send to purchased, rented, borrowed, scraped or shared lists, or to lists from lead sellers.
  • Don't send marketing texts before 8 a.m. or after 8 p.m. in the recipient's local time, or outside narrower hours that a state requires.
  • Honor every opt-out. Bluu honors STOP and other common opt-out replies automatically. You must also honor opt-outs you receive any other way.
  • Register your business and campaign with the carriers before texting, and use each registration only for the purpose it was approved for.
  • Bluu adds your business name, your address, an unsubscribe link and a link to your privacy policy to every marketing email, and they can't be removed. Unsubscribes, bounces and spam complaints stop marketing emails to that address, and neither you nor we can override that.
  • Send marketing email only from your own verified domain.
  • Keep proof of consent, and give it to us within 5 business days if we ask.

15.4 Protecting the shared platform. Your messages travel over sending systems, phone carrier relationships and email reputation that other businesses on Bluu share. One business's conduct can't be allowed to harm the others. So we may, at any time and without notice where we think it necessary, pause your sending, limit your volume, hold or block messages, suspend phone numbers, switch off campaigns or automations, require you to clean a list or show proof of consent, or suspend your account. We do this when we believe messages risk breaking the law or carrier rules, or when bounces, spam complaints, opt-outs or carrier filtering are above the levels that put the platform at risk. We will tell you why when we can. We are not responsible for messages that are paused, held or blocked, and these actions don't entitle you to a refund.

15.5 Fines and costs. You will reimburse us for any fine, penalty or fee that a carrier, registry, email provider or regulator charges because of messages sent from your account, and for our reasonable costs of dealing with it.

15.6 No guarantees. We don't guarantee that the carriers will approve your registration, or that any message will be delivered. Carriers and email providers may filter, delay or block messages without telling us.

16. AI features

16.1 What they are. Bluu's AI features include the AI chat that answers visitors on your website, the AI assistant in the dashboard, and AI tools that help write and set up emails, campaigns, social posts and blog articles.

16.2 AI can be wrong. AI output can be inaccurate, incomplete, out of date or inappropriate. Review anything AI writes before you publish it, send it or rely on it. You are responsible for AI-generated content you use and for actions AI features take at your request.

16.3 The AI chat speaks for you. The AI chat answers your website visitors on your behalf, using your business details and training notes. You are responsible for how you set it up, for keeping your information current, for checking its conversations and for following up with Your Customers.

16.4 No professional advice. Bluu's AI is instructed not to give health, legal, financial or other professional or regulated advice. You must not instruct it to.

16.5 No guaranteed results. We don't guarantee that AI features will produce leads, bookings, sales or any other result.

16.6 Training. We don't use Customer Data to train AI models.

The AI Terms apply to every AI feature.

17. Health information and HIPAA

Bluu is not built to hold protected health information. If your business provides health care, please read this section carefully.

17.1 No BAA, no HIPAA claim. LA Media Group does not currently sign Business Associate Agreements ("BAAs") for Bluu, and we do not represent that Bluu complies with the Health Insurance Portability and Accountability Act ("HIPAA") or its rules.

17.2 The rule. If your business is a HIPAA covered entity, such as a health care provider that bills health insurance electronically, or a business associate of one, you must not use Bluu to create, receive, store or send protected health information ("PHI") unless and until you and LA Media Group have signed a written BAA that covers Bluu.

17.3 What counts as PHI. PHI includes diagnoses, symptoms, treatment details, medications, test results, medical records and health insurance information about a person. For a covered entity, even the fact that a named person is your patient, or has booked a visit for a particular treatment, can be PHI. That can include an appointment, a reminder, a form answer, a chat message, a note, a review reply or an email that links a person to their health or care.

17.4 Everywhere in Bluu. This rule covers every part of Bluu: contacts, notes, forms and uploads, the chat and AI chat, appointment types and reminders, emails, texts, reviews and replies, pipeline deals and the AI tools.

17.5 If HIPAA doesn't apply to you. Health information is still sensitive, and other laws, such as state consumer health data and medical privacy laws, may limit how you collect and use it. Keep health details out of Bluu wherever you can, and never put them in marketing emails or texts, appointment type names or reminders. Complying with those laws is your responsibility.

17.6 If you break this rule. We may suspend the affected features or your account. You are responsible for any resulting liability, and your indemnity in Section 29 covers it. Neither these Terms nor your use of Bluu creates a BAA or any HIPAA obligation on our part.

17.7 If you need a BAA. Email info@lamediagrp.com and we will tell you whether we can offer one. Until a BAA is signed by both of us, this section applies in full.

18. Payments you take from your customers

18.1 Your own Stripe account. Products, packages and paid bookings take payments through your own Stripe account, which you connect to Bluu. You are the seller, and Stripe's terms between you and Stripe apply. LA Media Group is not a party to your sales, never holds or moves your customers' money, and doesn't add a fee to the payments you collect unless we tell you in advance.

18.2 Your responsibilities. You are responsible for your products and services, prices, descriptions, delivery, refunds, cancellations, disputes, chargebacks, receipts and taxes, and for the laws that apply to what you sell, including consumer protection, automatic renewal, gift certificate and prepaid service laws.

18.3 Payment problems. We are not responsible for failed payments, holds, reserves or payouts on your Stripe account. A paid booking is confirmed only once its payment has gone through.

19. Third-party services

19.1 What they are. Bluu works with services run by other companies, such as Google (Calendar, Analytics, Ads and Business Profile), Meta (Facebook, Instagram and Lead Ads), Stripe, other social platforms, and email, texting, AI and website hosting providers ("Third-Party Services").

19.2 Connecting an account. When you connect an account, you authorize us to access it and act in it as the feature you switched on needs, and you confirm you are entitled to give that access. Our Privacy Policy explains what we access. You can disconnect at any time.

19.3 Their terms apply. Your use of a Third-Party Service is governed by its own terms and policies, which you must follow. Some features need steps only you can take in those services, such as granting access in Meta's Lead Access Manager.

19.4 We don't control them. We are not responsible for Third-Party Services: their availability, outages, errors or security, changes to their features, prices, technical access or policies, their approval decisions, or their suspension of your accounts. If a Third-Party Service changes or stops working with Bluu, the related feature may change or stop. That isn't a reason for a refund.

20. Intellectual property, your content and feedback

20.1 Ours. We and our licensors own Bluu, its software, design and look and feel, the templates and other content we provide, our documentation, the Bluu and LA Media Group names and logos, and all improvements to them. These Terms give you no rights in them except those stated here.

20.2 Your right to use Bluu. While your subscription is active and paid, we give you a limited, non-exclusive, non-transferable, revocable right for your Team Members to use Bluu for your business, under the Agreement. You may use the templates we provide inside Bluu and in the messages and pages you create with it.

20.3 Your content. You confirm that you own or have permission to use Your Content, and that our use of it under these Terms won't infringe anyone's rights or break any law.

20.4 Feedback. If you send us ideas or suggestions, we may use them freely, without paying you or owing you anything.

20.5 Naming you as a customer. We may name your business as a Bluu customer, with your logo, on our websites and in our marketing. If you'd rather we didn't, email us and we will stop within 30 days. Materials already published or printed may stay in circulation.

20.6 Copyright complaints. If you believe content hosted through Bluu infringes your copyright, email info@lamediagrp.com with the information the Digital Millennium Copyright Act requires (17 U.S.C. § 512(c)(3)), or mail it to LA Media Group LLC, Attn: Copyright, 3134 Peachtree Cir, Davie, FL 33328. We may remove content in response, and we close the accounts of repeat infringers in appropriate circumstances.

21. Beta and free features

Features labeled beta, preview, early access, pilot or similar, and anything we provide free, may be incomplete, may change or end at any time without notice, and are provided "as is" without any warranty. To the fullest extent the law allows, we have no liability for them. If we start charging for a free feature, we will give you 30 days' notice first.

22. Availability and maintenance

22.1 No guaranteed uptime. We work hard to keep Bluu available, but we don't promise uninterrupted or error-free service, and we don't offer a service level agreement or service credits. Bluu relies on hosting, database, network and other providers we don't control.

22.2 Maintenance. We may take Bluu or parts of it offline for planned or emergency maintenance. We try to schedule planned maintenance at quieter times.

23. Changes to Bluu and to prices

23.1 Changes to Bluu. We improve Bluu constantly and may add, change or remove features. If we remove a feature that is a core part of the Bluu plan, we will give you at least 30 days' notice by email where we reasonably can. If you don't like a change, your remedy is to cancel.

23.2 Changes to prices. Section 6.5 explains how we change prices and the notice we give.

24. Suspension and termination

24.1 Suspension. We may suspend all or part of your account immediately, without notice where we think it necessary, if:

  • a payment is overdue (Section 6.7) or you file a chargeback;
  • you break the Agreement, including the Acceptable Use Policy, the Messaging Terms or Section 17;
  • your use creates a risk to the security, integrity or availability of Bluu, or to other customers, carriers, email providers or anyone else;
  • we suspect fraud or abuse, including abuse of free trials or offers; or
  • the law, a court, a regulator, a carrier or a platform requires it.

We will try to tell you why, and we will lift the suspension once the problem is fixed. Fees keep running during a suspension caused by you.

24.2 Ending by you. You can cancel as Section 7 explains.

24.3 Ending by us. We may end your account:

  • immediately, for non-payment under Section 6.7(e), or for a serious breach, such as fraud, illegal activity, spam or other messaging abuse, a breach of the Acceptable Use Policy or a breach of Section 17;
  • on 10 days' notice, for any other breach you don't fix within that time; or
  • for any other reason, on at least 30 days' notice, ending at the end of a billing period you have already paid for. In that case we won't charge you again.

24.4 What happens when your account ends. Your access ends; everything you owe becomes due immediately; your launch offer, your add-ons and the right in Section 20.2 end; any wallet balance is forfeited; your phone numbers are released; the Website Add-On ends as its terms describe; and Section 25 applies to your data. No refund is due except as the Refund Policy states.

25. Your data after your account ends

25.1 Export first. Before your plan ends, use the export tools in the dashboard. For anything the tools don't cover, email us before your account ends and we will send you a copy in a common format.

25.2 Kept for 30 days. After your account ends, for any reason, including a trial that ends without a paid plan, we keep Customer Data for 30 days. During that time you can restart your plan at the price then in effect and carry on where you left off, or email us for an export.

25.3 Then deleted. After those 30 days, we permanently delete Customer Data within the following 30 days. Copies in our encrypted backups are gone within 7 more days as the backups roll over. Files you uploaded are deleted immediately and permanently when they are deleted, with no backup copy. Once deleted, data can't be restored.

25.4 Sooner if you ask. You can ask us to delete your data sooner by emailing info@lamediagrp.com from the Account Owner's email address. We confirm every request in writing before acting on it.

25.5 What we keep. We keep the following, protected and only for these purposes: billing and payment records, for 7 years; the records of who agreed to or unsubscribed from messages sent from your account, for at least 5 years, because they are the evidence of consent and they stop people who opted out from being contacted again; the records we need to apply our one-trial-per-business rule; and anything else the law requires us to keep, or that we reasonably need to resolve a dispute, enforce the Agreement or prevent fraud.

26. Confidentiality

Each of us may receive non-public information from the other ("Confidential Information"). Our Confidential Information includes non-public pricing, product plans, security information and anything we tell you in support or sales conversations that isn't public. The party receiving Confidential Information will use it only for the Agreement, protect it with reasonable care, and share it only with employees, contractors and advisers who need it and are bound to keep it confidential, or as the law requires, with notice to the other party where the law allows. This doesn't apply to information that is public through no fault of the receiving party, was already known to it, was developed independently or was lawfully received from someone else. Customer Data is protected by Section 14 and the Data Processing Addendum.

27. Disclaimers

To the fullest extent the law allows, Bluu, including its AI features, the Website Add-On, beta features and everything else we provide, is provided "as is" and "as available". We disclaim all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy, and any warranties arising from course of dealing or usage of trade.

Without limiting that, we don't promise that:

  • Bluu will be uninterrupted, timely, secure or error-free, or that data will never be lost;
  • texts, emails, notifications, reminders, posts or bookings will be delivered, published or received on time, or at all;
  • the carriers, Google, Meta or any other third party will approve you, or keep approving you;
  • AI output will be accurate, complete, appropriate or lawful;
  • you will get any particular result, such as leads, bookings, reviews, search rankings, traffic or revenue; or
  • using Bluu, including its templates, default wording, consent tools or ready-made pages, will make your business comply with any law. Your compliance is your responsibility.

28. Limitation of liability

28.1 No indirect losses. To the fullest extent the law allows, LA Media Group and its members, managers, employees, contractors, suppliers and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, business, customers, goodwill or data, the cost of replacement services, missed appointments, lost leads, or undelivered or delayed messages, however caused and on any legal theory, even if we were told they were possible.

28.2 The cap. To the fullest extent the law allows, our total liability for all claims arising out of or relating to the Agreement or Bluu, on any legal theory, is limited to the greater of (a) the total amounts you paid us under the Agreement in the 3 months before the event that gave rise to the most recent claim, and (b) US$100.

28.3 How these limits work. These limits apply even if a remedy fails of its essential purpose. They reflect a fair allocation of risk, and our prices depend on them. They don't limit your obligation to pay what you owe, your obligations under Sections 15.5 and 29, or any liability that can't be limited under the law.

29. Indemnification

29.1 Your promise to protect us. You will defend, indemnify and hold harmless LA Media Group and its members, managers, employees, contractors and agents from and against all claims, demands, lawsuits, arbitrations, regulatory actions, carrier and platform fines and penalties, losses, damages, judgments, settlements, costs and expenses, including reasonable attorneys' fees, arising out of or relating to:

  • Customer Data and Your Content, including any claim that they infringe someone's rights or were collected or used unlawfully;
  • messages sent from your account, including claims under the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act, the CAN-SPAM Act and other telemarketing, texting, email and privacy laws;
  • your use of AI features and their output, including what the AI chat says to Your Customers;
  • your website content, if you have the Website Add-On;
  • your products, services and dealings with Your Customers, including payments, refunds and chargebacks;
  • protected health information in Bluu in breach of Section 17;
  • your connected Third-Party Service accounts;
  • any dispute between you and your Team Members or Your Customers; or
  • your breach of the Agreement or of any law.

29.2 How it works. We will tell you promptly about a claim. A delay only reduces your obligation to the extent it actually harms you. You will control the defense with lawyers reasonably acceptable to us, and we may take part with our own lawyers at our own cost. If you don't defend the claim promptly, we may defend it ourselves at your cost. You may not settle a claim in a way that admits fault on our part or imposes any obligation on us without our written consent.

30. Disputes: informal resolution, arbitration and class action waiver

Please read this section carefully. It affects how disputes between us are resolved.

30.1 Talk to us first. Before starting arbitration or a lawsuit, the party with a dispute must send the other a written notice describing it and the relief wanted. Send yours to info@lamediagrp.com. We will send ours to the Account Owner's email address. We will both try in good faith to resolve the dispute within 30 days of the notice. Any time limit for bringing the claim is paused during those 30 days.

30.2 Arbitration. If we don't resolve it within 30 days, any dispute, claim or controversy between you and LA Media Group arising out of or relating to the Agreement, Bluu or our relationship, including whether a dispute must be arbitrated, will be resolved by binding arbitration, except as Section 30.4 says. The Federal Arbitration Act governs this section.

30.3 How arbitration works. The American Arbitration Association ("AAA") will run the arbitration under its Commercial Arbitration Rules in effect when it starts, before a single arbitrator. It will take place in Broward County, Florida, or by video if both of us agree or the arbitrator allows it. The arbitrator must apply Florida law and the Agreement, including its limits on liability, and may award only the individual relief a court could award. Fees are paid as the AAA's rules provide, and the arbitrator may award fees and costs to the winning party where the law or the Agreement allows. The arbitration and its result are confidential, except as needed to enforce the award or as the law requires. Judgment on the award may be entered in any court with jurisdiction.

30.4 What doesn't have to be arbitrated. Either of us may (a) bring an individual claim in small claims court if it qualifies and stays there, and (b) go to court for an injunction or other urgent relief to protect intellectual property or Confidential Information, or to stop misuse of Bluu, such as a breach of the Acceptable Use Policy or a threat to its security.

30.5 No class actions. Disputes will be resolved only on an individual basis. Neither of us may bring or take part in a class, collective, consolidated or representative action, whether in arbitration or in court, and the arbitrator may not combine the claims of more than one business without the written consent of everyone involved. If a court decides this paragraph can't be enforced for a particular claim, that claim alone will go to court under Section 30.9, and it will be paused until any individual claims in arbitration are decided. This paragraph can't be separated from the agreement to arbitrate for that claim.

30.6 No jury. If any dispute goes to court, both of us give up the right to a jury trial.

30.7 One year to bring a claim. Any claim arising out of or relating to the Agreement or Bluu must be brought within one year after it arises, or it is permanently barred, unless the law requires a longer period.

30.8 Opting out of arbitration. You can opt out of this agreement to arbitrate within 30 days of the date you first accept these Terms. Email info@lamediagrp.com with the subject "Arbitration Opt-Out", and include your business name, the email address on your account and a clear statement that you want to opt out of arbitration. If you opt out, disputes will be decided in court under Section 30.9, and the rest of these Terms, including Sections 30.6 and 30.7, still apply.

30.9 Governing law and courts. Florida law governs the Agreement and any dispute between us, without regard to its conflict of laws rules. Any dispute that isn't arbitrated must be brought only in the state or federal courts located in Broward County, Florida, and both of us consent to their jurisdiction.

30.10 Changes to this section. If we change this section after you accept these Terms, the change won't apply to a dispute that either of us had already given notice of. You may reject a material change to this section by emailing us within 30 days of it taking effect, in which case the previous version continues to apply to you.

31. Force majeure

We are not liable for any delay or failure caused by events beyond our reasonable control, including hurricanes and other severe weather, fire, flood, power or internet failures, outages or changes at our providers, carriers or platforms, carrier filtering, cyberattacks, epidemics, labor disputes, war, terrorism, and changes in law or government action. This doesn't excuse your obligation to pay.

32. General terms

32.1 Transfers. You may not transfer the Agreement or your account to anyone else without our written consent, except to a business that takes over all or substantially all of your business and agrees in writing to the Agreement, if you tell us first. We may transfer the Agreement to a company that takes over our business or Bluu, or to an affiliate, and we will tell you if we do.

32.2 Notices. We give notices by email to the Account Owner's email address or in the dashboard, and they count as received when sent or posted. You give notices to us by email at info@lamediagrp.com. Formal legal notices may also be mailed to LA Media Group LLC, 3134 Peachtree Cir, Davie, FL 33328, but they must also be emailed. We don't accept notices by phone.

32.3 Electronic agreement. You agree that accepting these Terms electronically, and receiving notices and records electronically, has the same effect as signing on paper.

32.4 Entire agreement. The Agreement is the whole agreement between us about Bluu and replaces any earlier agreements, proposals or statements about it. Terms in your purchase orders or other documents don't apply, even if we accept or sign them, unless we expressly agree to them in a document both of us sign.

32.5 Severability. If a court or arbitrator finds part of the Agreement unenforceable, that part will be enforced as far as it can be, and the rest stays in effect.

32.6 No waiver. If we don't enforce a right, we haven't given it up.

32.7 Survival. Every part of the Agreement that by its nature should continue after it ends will continue, including Sections 6.8, 6.9, 10.2, 14.2 (for copies we keep), 14.8, 15.5, 17.6, 20, 25, 26, 27, 28, 29, 30 and 32, and your obligation to pay what you owe.

32.8 Our relationship. We are independent contractors. Nothing in the Agreement creates a partnership, joint venture, employment or agency relationship. No one else has rights under the Agreement.

32.9 Export and sanctions. You will not use Bluu in breach of US export control or sanctions laws.

32.10 How to read these Terms. "Including" means "including without limitation". Headings and the short version at the top are for convenience only and don't change the meaning of these Terms.

33. Changes to these Terms

We may change these Terms. For a material change, we will give you at least 30 days' notice by email and in the dashboard before it takes effect, except that changes needed for legal or security reasons, or that only relate to new features, may take effect sooner. The date at the top always shows when these Terms last changed. If you don't agree to a change, cancel before it takes effect. If you keep using Bluu after it takes effect, you accept it. Changes to Section 30 also follow Section 30.10.

34. Contact us

LA Media Group LLC 3134 Peachtree Cir, Davie, FL 33328 Email: info@lamediagrp.com

You can also book a call with us on usebluu.com. We don't offer support or accept notices by phone.