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Terms of Service

Last updated: February 22, 2025

1. Agreement to Terms

By accessing or using the Blinkory website, services, or communications (including via WhatsApp or other channels operated by Blinkory AI), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use our services. We may update these Terms from time to time; your continued use after changes constitutes acceptance of the updated Terms.

2. Description of Services

Blinkory provides AI-powered website creation, maintenance, and related services. We may communicate with you through our website, email, WhatsApp, or other means. Use of third-party services (e.g., WhatsApp) is also subject to their respective terms and policies.

3. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. By using our services, you represent that you meet these requirements.

4. Acceptable Use

You agree not to:

  • Use our services for any illegal or unauthorized purpose
  • Violate any applicable laws, regulations, or third-party rights
  • Transmit harmful, abusive, or offensive content
  • Attempt to gain unauthorized access to our systems or data
  • Interfere with or disrupt the integrity or performance of our services
  • Use our services (including WhatsApp) for spam, fraud, or misleading practices

We reserve the right to suspend or terminate access for conduct that we believe violates these Terms or is harmful to others or our services.

5. Intellectual Property

All content, features, and functionality on our website and services (including text, graphics, logos, and software) are owned by Blinkory AI or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent. Deliverables we create for you under a separate agreement may be subject to the terms of that agreement.

6. Privacy

Your use of our services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information, including data processed through WhatsApp and other channels. By using our services, you consent to such processing as described in the Privacy Policy.

7. Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, error-free, or free of harmful components. You use our services at your own risk. We are not responsible for the availability, content, or practices of third-party services (including WhatsApp or Meta).

8. Limitation of Liability

To the maximum extent permitted by applicable law, Blinkory AI and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or related to your use of our services. Our total liability for any claims arising from these Terms or your use of our services shall not exceed the amount you paid us in the twelve (12) months preceding the claim (or one hundred U.S. dollars if no fees apply).

9. Indemnification

You agree to indemnify, defend, and hold harmless Blinkory AI and its affiliates and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our services, your violation of these Terms, or your violation of any third-party rights.

10. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any dispute arising from these Terms or our services shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

11. General

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision does not constitute a waiver. These Terms constitute the entire agreement between you and Blinkory AI regarding the subject matter here. We may assign our rights and obligations under these Terms; you may not assign without our prior written consent.

12. Contact

For questions about these Terms of Service, please contact us at: legal@blinkory.com.