These Terms of Service (“Terms”) govern access to and use of Bline™, a marketing technology platform owned and operated by B Creative Systems, LLC (“B Creative Systems,” “we,” “our,” or “us”).

Bline provides businesses and organizations with tools to capture, import, organize, manage, and communicate with contacts, including through forms, contact management functionality, email campaigns, Bline Draw™, Raffle Set, and other features made available through the platform (collectively, the “Services”).

By creating an account, purchasing a subscription, accessing, or using the Services, you agree to these Terms on behalf of yourself and, where applicable, the business or organization you represent (“Customer,” “you,” or “your”). If you are accepting these Terms on behalf of a business or organization, you represent and warrant that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, you may not access or use the Services.

Our Privacy Policy explains how B Creative Systems collects, uses, discloses, and processes personal information in connection with the Services. Our Refund and Cancellation Policy governs applicable subscription cancellations and refund requests and is incorporated into these Terms by reference.

1. Eligibility and Accounts

1.1 Eligibility and Authority

By creating a Bline account or using the Services, you represent that you are legally able to enter into a binding agreement and, if you are using Bline on behalf of a business or organization, that you have authority to bind that business or organization to these Terms.

The Services are intended for business and commercial use and are not directed to children.

B Creative Systems does not independently verify the age or legal capacity of each person who creates or accesses an account.

1.2 Account Information

You agree to provide accurate, current, and complete account and billing information and to maintain the accuracy of that information.

You are responsible for maintaining the confidentiality of your account credentials and for activity occurring through your account.

You must promptly notify B Creative Systems if you become aware of unauthorized access to or use of your account.

2. The Bline Services

Bline provides technology that enables Customers to perform certain marketing and contact-management activities. Depending on the Customer’s subscription and the features then available, these activities may include collecting contact information, importing contacts, organizing and managing Customer Contact Data, creating forms, generating QR codes with QR Connect™, conducting email campaigns, and using promotional tools such as Bline Draw™ and Raffle Set.

B Creative Systems may update, modify, add, improve, limit, or discontinue features as the Services evolve. The availability of particular features may vary based on subscription level, account configuration, development status, or third-party service availability.

Bline is a technology provider. Except where B Creative Systems expressly agrees otherwise in writing, B Creative Systems does not operate the Customer’s business, control the Customer’s relationship with its contacts, sell the Customer’s products or services, collect payments from the Customer’s contacts, or fulfill the Customer’s offers or promotions.

3. Customer Data and Contacts

3.1 Customer Contact Data

Customers may collect, enter, upload, import, store, organize, and use information relating to their customers, prospects, subscribers, participants, and other contacts (“Customer Contact Data”) through Bline.

As between the Customer and B Creative Systems, the Customer retains its rights in Customer Contact Data. B Creative Systems does not acquire ownership of Customer Contact Data merely because the information is collected, imported, stored, or processed through Bline.

The Customer grants B Creative Systems the limited rights necessary to host, store, transmit, reproduce, process, and otherwise use Customer Contact Data for the purpose of providing, maintaining, securing, and supporting the Services.

3.2 Customer Responsibility for Data

You are solely responsible for the Customer Contact Data you collect, enter, upload, or import into Bline and for determining whether you have the legal right to collect, store, import, use, and communicate with those contacts.

This responsibility applies regardless of whether Customer Contact Data enters Bline through:

• a Bline form;
• Bline Draw™;
• Raffle Set;
• manual entry;
• CSV or other supported import;
• a URL or form linked from an external website, embedded directly into a website, or marketing material; or
• another supported method.

B Creative Systems does not independently verify the source of Customer Contact Data or whether a Customer has obtained all permissions, notices, or consents required for its intended use.

3.3 Privacy Responsibilities

You are responsible for complying with applicable privacy and data-protection laws relating to your Customer Contact Data.

This includes, where applicable, providing appropriate privacy notices, obtaining any required consent, permission, or authorization, responding to legally valid privacy requests, maintaining records of consent or authorization where required, and honoring applicable withdrawal, deletion, correction, opt-out, or other privacy rights.

B Creative Systems’ provision of the Services does not relieve you of your obligations with respect to Customer Contact Data or your relationship with Customer Contacts.

4. Email Marketing and Communications

4.1 Customer Responsibility for Communications

Customers may use Bline to create and send email campaigns and other communications made available through the Services to Customer Contacts.

You are solely responsible for determining the recipients of your communications and for ensuring that your collection and use of contact information and all communications sent through the Services comply with applicable federal, state, local, and international laws, regulations, and requirements.

Before sending a communication through Bline, you are responsible for determining whether you are legally permitted to communicate with the intended recipient and for obtaining any consent, permission, authorization, or other lawful basis required under applicable law for the type of communication being sent.

Where applicable law requires prior express consent, express written consent, or another specific form of authorization, you are responsible for obtaining and maintaining sufficient evidence of that consent or authorization before using Bline to send the applicable communication.

You are also responsible for:

• providing accurate sender and business identification;
• ensuring that sender information, subject lines, message content, offers, promotions, products, and services are not false, fraudulent, deceptive, or materially misleading;
• providing any notices, disclosures, physical mailing addresses, or other information required by applicable law;
• honoring unsubscribe, opt-out, withdrawal-of-consent, suppression, and other applicable communication-preference requests within the time required by law; and
• maintaining records reasonably necessary to demonstrate your compliance with applicable communication and marketing requirements.

The ability to collect, import, store, access, segment, select, or otherwise process a Customer Contact through Bline does not constitute a representation, verification, or guarantee by B Creative Systems that you have the legal right to communicate with that Customer Contact.

4.2 Imported and Existing Contact Lists

Bline allows Customers to manually enter and import existing Customer Contact Data, including through CSV files and other supported methods.

By uploading, importing, entering, or otherwise providing Customer Contact Data to Bline, you represent and warrant that you have all rights, permissions, and lawful authority necessary to provide that information to Bline and to use it for your intended purposes through the Services.

You may not use Bline with contact information obtained through unlawful scraping, harvesting, theft, fraud, misappropriation, or other unlawful means.

If Customer Contact Data was obtained from a third party, including through a purchased, rented, licensed, shared, transferred, or otherwise acquired contact list, you remain solely responsible for determining whether the acquisition, possession, import, storage, and intended use of that information are lawful and whether you have the necessary rights or permissions to communicate with those contacts.

B Creative Systems does not review, certify, approve, or verify the source, accuracy, quality, permission status, consent status, or legality of Customer Contact Data merely because Bline permits the information to be imported or stored.

4.3 Prohibited Communications

You may not use Bline to send, initiate, facilitate, or assist with:

• spam or unauthorized communications, including bulk or repeated commercial communications where the sender lacks any permission, consent, authorization, or other lawful basis required under applicable law;
• fraudulent, false, or deceptive communications, including communications that materially misrepresent or conceal the sender’s identity or affiliation, the nature or source of a communication, or the terms, availability, purpose, or characteristics of an offer, promotion, product, or service;
• phishing or impersonation, including communications designed to improperly obtain account credentials, financial information, personal information, or other sensitive information, or communications that falsely impersonate or purport to originate from another person or organization;
• communications sent in violation of an applicable unsubscribe, opt-out, withdrawal-of-consent, or suppression request;
• communications that violate applicable privacy, advertising, consumer-protection, marketing, or commercial-communication laws or regulations; or
• communications or activities that are otherwise unlawful, malicious, abusive, fraudulent, or reasonably likely to harm recipients, third parties, Bline, B Creative Systems, or the security, operation, integrity, or reputation of the Services.

4.4 Unsubscribe, Suppression, and Communication Preferences

Bline may provide functionality designed to assist Customers in managing unsubscribe requests, suppression information, and communication preferences.

You may not remove, disable, obscure, circumvent, interfere with, or attempt to defeat unsubscribe or opt-out functionality provided through the Services.

You may not knowingly use Bline to send a marketing communication to a Customer Contact who has opted out of receiving that type of communication from you where sending the communication would violate applicable law.

You remain responsible for honoring applicable unsubscribe, opt-out, withdrawal-of-consent, and suppression requests, including requests received directly by you or through channels outside Bline.

Bline’s provision of unsubscribe, suppression, or communication-preference functionality is a technology feature and does not constitute legal advice, a determination of your compliance, or an assumption by B Creative Systems of your legal obligations to recipients.

4.5 Customer Compliance; No Verification by B Creative Systems

You are responsible for your use of the Services and for compliance with laws applicable to your communications and marketing activities.

B Creative Systems does not independently determine whether a particular Customer Contact may lawfully be contacted, does not verify Customer representations regarding consent or permission, and does not routinely review or approve Customer contact lists, campaigns, offers, or communications before they are sent.

Accordingly, B Creative Systems’ transmission or processing of a communication at a Customer’s direction does not constitute approval of the communication, confirmation of consent, verification of legal compliance, or acceptance of responsibility for the Customer’s communication.

4.6 Monitoring, Complaints, and Enforcement

B Creative Systems does not routinely monitor or review the substance of Customer communications or interactions conducted through the Services.

B Creative Systems may process technical, operational, security, delivery, complaint, and usage information as reasonably necessary to provide, maintain, troubleshoot, secure, and protect the Services.

Recipients, Customers, service providers, and other third parties may report suspected spam, abuse, fraud, unlawful communications, or other misuse of Bline.

B Creative Systems reserves the right, but does not undertake a general obligation, to investigate reported or suspected violations of these Terms and to take action we reasonably determine necessary to protect recipients, third parties, the Services, or B Creative Systems. Such action may include warning a Customer, limiting sending capabilities or other functionality, requiring corrective action, rejecting or blocking communications, or restricting, suspending, or terminating an account.

B Creative Systems’ ability to receive complaints, investigate suspected misconduct, process technical information, or enforce these Terms does not create an obligation to proactively monitor Customer communications, Customer Contact Data, or Customer activities.

4.7 Deliverability and Third-Party Restrictions

Email delivery depends on systems and circumstances that may be outside B Creative Systems’ control, including recipient mail servers, internet service providers, spam filters, blocklists, authentication systems, sender reputation, recipient engagement, Customer sending practices, Customer Contact Data quality, third-party service providers, and the content, volume, and frequency of communications.

B Creative Systems does not guarantee that a communication sent through Bline will be accepted, delivered, received, displayed, opened, read, clicked, responded to, or acted upon.

B Creative Systems may limit, delay, reject, or suspend sending functionality when reasonably necessary to protect the Services, maintain platform or third-party provider requirements, address abnormal complaint or bounce activity, respond to suspected misuse, or protect sending infrastructure and reputation.

4.8 No Guarantee of Marketing Results

Bline provides tools to assist Customers with marketing and communication activities. B Creative Systems does not guarantee any particular marketing or business outcome from use of the Services.

Without limiting the foregoing, B Creative Systems does not guarantee any particular deliverability rate, open rate, click-through rate, response rate, contact growth, lead volume, conversion rate, customer acquisition, revenue, return on investment, or other marketing or business result.

Reports, metrics, analytics, or other information made available through Bline are provided to assist Customers in evaluating their activities and do not constitute a promise, warranty, or guarantee of past, present, or future business performance.

5. Bline Draw™, Raffle Set, and Customer Promotions

Bline may provide features, including Bline Draw™ and Raffle Set, that Customers may use in connection with promotions, giveaways, drawings, contests, sweepstakes, or similar activities (“Customer Promotions”).

B Creative Systems provides technology that may assist Customers in communicating Customer Promotions, collecting or organizing participant information or entries, and, where applicable, selecting an entry using available Bline functionality.

B Creative Systems and Bline are not the sponsor, administrator, promoter, operator, judge, prize provider, or fulfillment provider of a Customer Promotion unless expressly identified otherwise in writing.

The Customer is solely responsible for its Customer Promotion, including its creation, advertising, official rules, eligibility requirements, entry requirements, disclosures, administration, winner selection requirements, winner notification, prize fulfillment, tax obligations, and compliance with applicable law.

Customers are responsible for determining whether their Customer Promotions are lawful in every jurisdiction in which they are offered and for satisfying any applicable registration, bonding, licensing, disclosure, consent, or other legal requirements.

Where Bline provides functionality that randomly selects or otherwise identifies a potential winner or entry, such functionality is a technology tool only. The Customer remains responsible for verifying eligibility, applying the Customer Promotion’s official rules, determining whether a selected participant qualifies to receive a prize or benefit, and making any final determination regarding a winner.

B Creative Systems does not verify participant eligibility, the accuracy of participant information, compliance with Customer Promotion rules, or a Customer’s selection, notification, substitution, disqualification, or fulfillment decisions.

Bline Draw™ and Raffle Set do not collect entry fees, wagers, bets, or other consideration on behalf of Customers. Customers may not use the Services to operate or facilitate unlawful gambling, lotteries, wagering, or other prohibited games of chance.

Any payment, purchase, prize, redemption, product, service, fulfillment, or other transaction or interaction between a Customer and a participant occurs independently of B Creative Systems unless expressly stated otherwise.

B Creative Systems is not responsible for a Customer’s failure to award or deliver a prize, honor an offer or promotion, provide goods or services, issue a refund, comply with its published rules, or otherwise fulfill an obligation to a participant.

Participation in a Customer Promotion does not, by itself, constitute consent to receive subsequent marketing communications where separate or additional consent is required by applicable law.

B Creative Systems does not provide legal advice regarding Customer Promotions, and the availability of Bline Draw™, Raffle Set, or other Bline functionality does not constitute a representation that a particular Customer Promotion complies with applicable law.

6. Acceptable Use

You may use Bline only for lawful business purposes and in accordance with these Terms.

You may not use the Services to:

• violate applicable law or regulation;
• send spam or communications you are not legally permitted to send;
• import, collect, purchase, scrape, harvest, or use personal information without appropriate authority or permission;
• engage in fraud, deception, phishing, impersonation, or misrepresentation;
• operate or facilitate unlawful gambling, wagering, lotteries, or games of chance;
• infringe intellectual property, privacy, publicity, or other rights of another person;
• upload or transmit malware, malicious code, or harmful content;
• attempt to gain unauthorized access to Bline, another Customer’s account, systems, networks, or data;
• interfere with or disrupt the operation, security, integrity, or performance of the Services;
• reverse engineer, decompile, disassemble, circumvent, or attempt to derive the source code or underlying technology of the Services except where such restriction is prohibited by law;
• use the Services in a manner reasonably likely to harm B Creative Systems, Bline, another Customer, a Customer Contact, or a third party; or
• use the Services to engage in abusive, fraudulent, deceptive, or unlawful activity.

B Creative Systems may investigate suspected violations and restrict, suspend, or terminate access where reasonably necessary to protect Bline, its Customers, Customer Contacts, third parties, or B Creative Systems.

7. Customer Content

You retain your rights in logos, text, images, marketing content, Customer Contact Data, and other materials you provide through Bline (“Customer Content”).

You represent and warrant that you own or otherwise possess the rights and permissions necessary to use Customer Content through the Services.

You grant B Creative Systems a limited, non-exclusive right to host, reproduce, process, transmit, display, and otherwise use Customer Content solely as reasonably necessary to provide, operate, maintain, secure, and support the Services.

You remain responsible for your Customer Content and its legality, accuracy, and use.

8. Bline and B Creative Systems Intellectual Property

B Creative Systems owns and retains all right, title, and interest in and to Bline and the Services, including the software, platform, design, functionality, documentation, branding, trademarks, service marks, trade dress, methodologies, and other intellectual property associated with the Services, except for Customer Content and third-party materials.

Bline™, Bline Draw™, Raffle Set, and other B Creative Systems names, marks, logos, or product identifiers may not be copied, reproduced, modified, or used without authorization except as permitted by applicable law.

Your subscription provides a limited right to access and use the Services during the applicable subscription period. It does not transfer ownership of Bline or any B Creative Systems intellectual property to you.

9. Third-Party Services and Integrations

Bline may rely upon or integrate with third-party services, including payment processors, email-delivery providers, hosting or infrastructure providers, integrations, and other technology providers.

Your use of certain third-party services may also be governed by the third party’s terms and privacy practices.

B Creative Systems does not control third-party services and is not responsible for outages, interruptions, changes, acts, omissions, security incidents, or other circumstances attributable to a third-party service, except to the extent responsibility cannot lawfully be excluded.

10. Subscriptions and Billing

Certain Bline Services require a paid subscription.

By purchasing a subscription, you authorize B Creative Systems and its payment processor to charge the payment method you provide for applicable subscription fees, taxes, and other amounts disclosed to you at the time of purchase.

Subscriptions may be offered on monthly, annual, promotional, trial, or other billing terms disclosed at enrollment.

Unless otherwise expressly stated at purchase, paid subscriptions automatically renew for successive periods corresponding to the selected subscription term until canceled.

You are responsible for maintaining a valid payment method and accurate billing information.

Prices, plans, features, and subscription offerings may change. Changes to the price of an existing recurring subscription will be communicated as required by applicable law before becoming effective.

Subscription pricing may be based in part on the number of active contacts associated with your account. If your contact count increases or decreases, your applicable contact band and subscription charge may change in accordance with our Refund and Cancellation Policy and the pricing or subscription terms disclosed to you.

Applicable contact thresholds, pricing bands, and charges will be disclosed through Bline, at enrollment or purchase, within applicable account or billing information, or through other subscription materials provided to you.

Cancellation and refund eligibility are governed by our Refund and Cancellation Policy.

11. Suspension, Cancellation, and Termination

11.1 Customer Cancellation

You may cancel your Bline subscription in accordance with the Refund and Cancellation Policy.

Following cancellation, account access may continue through the end of the applicable paid subscription period or other effective cancellation date communicated to the Customer. Cancellation does not entitle the Customer to a refund except as expressly provided in the Refund and Cancellation Policy or required by applicable law.

11.2 Suspension or Termination by B Creative Systems

B Creative Systems may restrict, suspend, or terminate access to some or all of the Services if we reasonably determine that:

• you have materially violated these Terms;
• your account is being used for spam, fraud, abuse, deceptive practices, or unlawful activity;
• required subscription fees remain unpaid;
• your use of the Services creates or may create a security, operational, legal, compliance, deliverability, or reputational risk to Bline, B Creative Systems, its service providers, Customers, Customer Contacts, or third parties;
• your use of the Services may adversely affect Bline’s systems, sending infrastructure, third-party services, or the ability of other Customers to use the Services; or
• restriction, suspension, or termination is required by law, legal process, a governmental authority, or an applicable third-party service provider requirement.

Where reasonably practicable and appropriate under the circumstances, B Creative Systems may provide notice and an opportunity to correct a violation before terminating an account. B Creative Systems may take immediate action where reasonably necessary to address fraud, security risks, unlawful conduct, spam, abuse, nonpayment, material harm, or risks to the Services or third parties.

11.3 Effect on Account Access and Customer Data

After cancellation or termination becomes effective, access to the account and some or all the Services may be restricted or disabled.

Bline may provide Customers whose subscriptions have been canceled with an opportunity to reactivate an inactive account for a period of up to six (6) months following the effective date of cancellation. Upon reactivation, Customer Contact Data and other account information that remain available within Bline may again become accessible to the Customer.

Customers are responsible for exporting or otherwise retaining copies of Customer Contact Data and Customer Content they wish to preserve. B Creative Systems does not provide archival, backup, or long-term data-storage services and does not guarantee the continued availability, preservation, restoration, or recoverability of Customer Contact Data or Customer Content following cancellation, expiration, suspension, or termination.

Customer Contact Data and Customer Content associated with an inactive account may be retained for a limited period for purposes including potential account reactivation, legitimate business operations, security, legal compliance, and technical administration.

Following expiration of any applicable reactivation period, B Creative Systems may, at its discretion and without further obligation to the Customer, delete, anonymize, de-identify, archive, or otherwise remove Customer Contact Data, Customer Content, and account information, subject to applicable law and B Creative Systems’ then-current data-retention and backup practices.

The expiration of a reactivation or retention period does not require B Creative Systems to delete data on a particular date or according to a particular technical schedule, and the continued retention of any information does not create an obligation to continue storing, maintaining, restoring, or making that information available to the Customer.

To the extent Customer Contact Data, Customer Content, or other account information has been deleted or is otherwise unavailable when an account is reactivated, B Creative Systems has no obligation to restore or recover that information except as required by applicable law.

The handling and retention of personal information will also be subject to the Bline Privacy Policy and applicable law.

12. Service Availability and Changes

B Creative Systems works to maintain the availability and functionality of Bline but does not guarantee uninterrupted or error-free operation.

The Services may occasionally be unavailable because of maintenance, updates, technical problems, third-party service interruptions, security events, circumstances beyond our reasonable control, or other operational requirements.

B Creative Systems may update, modify, improve, replace, or discontinue features of Bline as the platform develops.

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLINE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

B CREATIVE SYSTEMS DISCLAIMS WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

B CREATIVE SYSTEMS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR AVAILABLE AT ALL TIMES, OR THAT USE OF BLINE WILL PRODUCE ANY PARTICULAR BUSINESS, MARKETING, SALES, REVENUE, LEAD-GENERATION, OR OTHER RESULT.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, B CREATIVE SYSTEMS, LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF B CREATIVE SYSTEMS, LLC ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY THE CUSTOMER TO B CREATIVE SYSTEMS FOR BLINE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

15. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless B Creative Systems, LLC and its owners, officers, employees, contractors, and affiliates from claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising out of or relating to:

• your Customer Content or Customer Contact Data;
• your collection, import, storage, use, or disclosure of personal information;
• your communications with Customer Contacts;
• your products, services, offers, or business practices;
• a Customer Promotion, including its rules, administration, legality, winner selection, prize, fulfillment, or related claims;
• your violation of applicable law;
• your infringement or violation of another person’s rights; or
• your material violation of these Terms.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of Florida, without regard to conflict-of-law principles.

16.2 Informal Dispute Resolution

Before filing a lawsuit or other formal proceeding arising out of or relating to these Terms or the Services, the party asserting the dispute must provide the other party with written notice describing in reasonable detail the nature of the dispute, the relevant facts, and the resolution or relief requested (“Dispute Notice”).

The receiving party will have ten (10) business days after receipt of the Dispute Notice to provide a written response or otherwise acknowledge the dispute and propose a reasonable method for discussing its resolution.

During the thirty (30) days following receipt of the Dispute Notice, the parties will attempt to resolve the dispute through direct communication. At the reasonable request of either party, each party will make available a representative with authority to resolve the dispute for at least one telephone call, videoconference, or in-person meeting to discuss a potential resolution.

The parties may mutually agree to participate in mediation or another form of alternative dispute resolution during or after this thirty (30)-day period, but neither party is required to participate in mediation unless separately agreed in writing.

The requirements of this Section are satisfied after thirty (30) days have elapsed from receipt of a compliant Dispute Notice and the initiating party has participated in the required direct communication described above, or if the other party fails or refuses to participate after receiving reasonable notice and an opportunity to do so.

Nothing in this Section prevents either party from seeking immediate injunctive, emergency, or other equitable relief where reasonably necessary to prevent imminent or irreparable harm, nor does it require a party to delay filing where doing so would cause a claim to expire under an applicable statute of limitations.

16.3 Venue and Jurisdiction

Unless applicable law requires otherwise, any legal action or proceeding arising out of or relating to these Terms or the Services that is not resolved informally will be brought exclusively in the state or federal courts having jurisdiction over the county in Florida in which B Creative Systems, LLC maintains its principal place of business.

Each party consents to the personal jurisdiction and venue of those courts.

16.4 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

17. Changes to These Terms

B Creative Systems may update these Terms from time to time to reflect changes to the Services, business practices, legal requirements, or other circumstances.

The updated Terms will be posted with a revised “Last Updated” date. Where required by applicable law or where changes materially affect Customer rights or obligations, we will provide additional notice.

Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

18. General Terms

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

A failure by B Creative Systems to enforce a provision of these Terms does not waive our right to enforce it later.

You may not assign or transfer your rights or obligations under these Terms without B Creative Systems’ prior written consent. B Creative Systems may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or similar transaction.

These Terms, together with the Privacy Policy, Refund and Cancellation Policy, and any other agreement expressly incorporated by reference, constitute the agreement between you and B Creative Systems concerning the Services, except where a separate written agreement expressly supersedes these Terms.

Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and accrued payment obligations.

19. Contact

Questions regarding these Terms may be directed to:

B Creative Systems, LLC
Bline™
Email: legal@bcreativesystems.com
Mailing Address: PO BOX 671, Williston, FL 32696