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Terms of Use

Last Updated: November 8, 2025

1. Acceptance of Terms

By accessing or using BlueMist AI ("we," "us," "our") products, websites, software, or consulting services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, you must not use the Services.

2. Description of Services

BlueMist AI provides artificial-intelligence-driven consulting, software, and automation solutions including but not limited to:

  • AI-powered web design and development
  • Custom AI chatbot development and deployment
  • AI-enhanced SEO optimization services
  • AI training and consulting programs
  • Adventure AI trip-planning and business automation tools
  • Other AI-related products and services

2A. Artificial Intelligence Notice

  • All BlueMist AI products, services, deliverables, and internal processes utilize AI or AI-assisted technologies as part of their development, analysis, or operation.
  • This includes generative AI, large-language models, machine-learning algorithms, and automation frameworks used for design, analytics, and customer interaction.
  • By engaging BlueMist AI, you acknowledge and consent to the use of such systems.
  • While we monitor and test these systems, we do not guarantee the accuracy, reliability, or completeness of AI-generated outputs.
  • Clients are solely responsible for reviewing and validating AI results before relying on them.

3. User Responsibilities

You agree to:

  • Provide accurate and complete information.
  • Maintain security of login credentials.
  • Use the Services in compliance with all applicable laws and regulations.
  • Not misuse or circumvent security features.
  • Not use the Services for illegal or unauthorized purposes.

4. Intellectual Property and Ownership of Deliverables

All content, code, software, designs, graphics, and materials within the Services are owned by BlueMist AI or its licensors and protected by copyright and other IP laws.

Deliverables and Transfer of Ownership

Unless otherwise agreed in writing:

  • All code, applications, chatbots, and designs created by BlueMist AI remain our property until final payment and project sign-off are received.
  • Upon full payment and written acceptance, ownership of final deliverables transfers to the Client for internal business use only.
  • BlueMist AI retains the right to reuse non-confidential components and anonymized materials for portfolio, marketing, and future projects.
  • Client use of deliverables prior to final payment constitutes a breach of contract and may trigger legal remedies.

5. Beta Services

Certain Services may be offered as beta or preview features. These are provided "as is", without warranty, and may change or be discontinued at any time.

6. Payment Terms

  • You agree to pay all fees as quoted or listed at time of purchase. Payments are non-refundable except as stated in our Refund Policy.
  • Invoices are due per the schedule in the project agreement.
  • Late balances may accrue interest at 2% per month (or maximum allowed by law).
  • Pricing may change with 30 days' notice.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BLUEMIST AI, ITS OWNER, AFFILIATES, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO: (A) USE OR INABILITY TO USE THE SERVICES OR DELIVERABLES; (B) AI-GENERATED OUTPUTS OR AUTOMATED ACTIONS; (C) UNAUTHORIZED ACCESS TO DATA; (D) THIRD-PARTY SERVICES OR APIs; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES, EVEN IF BLUEMIST AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL BLUEMIST AI'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY THE CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM WITHIN THE THREE (3) MONTHS PRECEDING THE EVENT.

THE PARTIES ACKNOWLEDGE THAT THIS LIMITATION IS A MATERIAL ELEMENT OF THE BARGAIN AND REFLECTS THE ALLOCATION OF RISK IN OUR PRICING.

7A. No Professional Advice or Guarantee

All Services and Deliverables are for informational and operational support only and do not constitute professional, legal, financial, or compliance advice. You are responsible for evaluating and approving all AI-generated content before use.

7B. Third-Party Services and Integrations

Our Services may use or rely on third-party software or APIs. Such tools are governed by their own terms, and BlueMist AI assumes no liability for their performance or availability.

7C. Force Majeure

We shall not be liable for any delay or failure caused by circumstances beyond our control including natural disasters, internet or power outages, cyberattacks, labor disputes, government actions, or third-party failures.

8. Confidentiality and Data Handling

  • Both parties agree to keep confidential any non-public business or technical information shared during a project.
  • BlueMist AI handles data in accordance with its Privacy Policy.
  • Clients must ensure they have the legal right to share data with BlueMist AI.

9. AI and Automation Disclaimer

BlueMist AI's solutions, chatbots, training, and applications are built using a mix of proprietary and third-party AI systems.

AI may produce unexpected or inaccurate results; clients must review all outputs before use. We make no guarantee that AI results will achieve specific outcomes, and we are not liable for any damages arising from AI-generated content.

10. Indemnification

You agree to indemnify and hold harmless BlueMist AI, its owner, affiliates, and contractors from any claims, damages, or expenses (including attorneys' fees) arising from your misuse of the Services, violation of these Terms, or infringement of third-party rights.

11. Termination and Suspension

  • Either party may terminate an engagement with written notice if the other materially breaches these Terms and fails to cure within 10 days.
  • We may suspend Services immediately for non-payment or unlawful use.
  • Upon termination, all outstanding fees become due and access to unpaid deliverables is suspended until payment is complete.

12. Refunds and Cancellations

Refunds are only granted as outlined in our Refund Policy. Cancellations after work has commenced are subject to billing for time and materials incurred.

13. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN A SIGNED AGREEMENT, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

14. Governing Law

  • These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law.
  • Venue for any dispute shall be in Allegheny County, Pennsylvania.

15. Entire Agreement and Severability

  • These Terms plus any signed proposal constitute the entire agreement between you and BlueMist AI.
  • If any provision is found unenforceable, the remainder shall remain in effect. Failure to enforce any provision does not waive our rights.

16. Electronic Acceptance

By clicking "I Agree," signing digitally, or continuing to use the Services, you acknowledge and accept these Terms of Use electronically, with the same force as a signed contract.

17. Contact Information

If you have any questions about these Terms of Use, please contact us:

BlueMist AI
Jeffrey Stromyer
Email: sales@bluemistai.com
Phone: (412) 447-1213