Terms of Service
Welcome to Bluvia, a product and service operated by Incubug, Inc. d/b/a Anala (“Bluvia,” “we,” “our,” or “us“) develops and operates Bluvia, a software product and service (the “Services“).
These Terms of Service (“Terms“) govern your access to and use of:
- Bluvia
- The Bluvia WordPress plugin
- Customer dashboards
- Cloud-based services
- AI-powered features
- APIs
- Documentation
- Support services
- Any related software or services we provide (collectively, the “Services“).
By accessing or using the Services, you agree to be legally bound by these Terms.
If you do not agree, you may not access or use the Services.
1. Eligibility
You represent and warrant that:
- You are at least 18 years old, or the age of legal majority in your jurisdiction.
- You have the legal capacity to enter into a binding agreement.
- If you use the Services on behalf of an organization, you have authority to bind that organization to these Terms.
- Your use of the Services complies with all applicable laws and regulations.
2. Your Account
Certain features require you to create an account. You agree to:
- Provide accurate, complete, and current information.
- Maintain the security of your account credentials.
- Keep your password confidential.
- Promptly notify us of any unauthorized access or suspected security incident.
- Be responsible for all activities occurring under your account unless caused by our negligence.
We reserve the right to suspend or terminate accounts that violate these Terms or pose a security risk.
3. Description of the Services
Bluvia provides software and related services designed to help customers optimize websites, simplify website management, and improve user experiences. Depending on your subscription and enabled features, the Services may include:
- Website experimentation and A/B testing
- Feature experimentation
- Conversion optimization tools
- Visitor behavior analytics
- Heatmaps
- Session recordings
- Event tracking
- Reporting dashboards
- AI-assisted insights and recommendations
- Customer support
- Documentation and related resources
4. Software License
Subject to your compliance with these Terms and any applicable subscription, Bluvia grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Install and use the Bluvia WordPress plugins.
- Access and use the Services for your internal business purposes.
- Use related documentation solely in connection with the Services.
This license does not transfer ownership of the software.
All rights not expressly granted are reserved by Bluvia.
5. License Restrictions
You may not:
- Copy the Services except as permitted by law.
- Modify or create derivative works of the software except where expressly permitted.
- Reverse engineer, decompile, or disassemble the Services except to the extent permitted by applicable law.
- Remove copyright or proprietary notices.
- Resell or sublicense the Services without written authorization.
- Circumvent license limitations or technical protections.
- Access the Services for the purpose of building a competing product.
- Use automated means to scrape or extract data from the Services except through approved interfaces.
- Introduce malware or malicious code.
- Interfere with the operation or security of the Services.
6. Subscription Plans
Certain features require a paid subscription. Subscription plans may vary by:
- Available features
- Usage limits
- Number of websites
- Number of users
- AI functionality
- Storage limits
- Support level
- Other plan-specific limitations
Plan details are described on our website or within your account.
We may modify available plans from time to time.
7. Free Trials
We may offer free trials or promotional access.
Unless otherwise stated:
- Trials are provided “as is.”
- Features may be limited.
- Trials may expire automatically.
- We may discontinue a trial at any time.
- Trial users remain subject to these Terms.
At the end of a trial, continued access may require payment.
8. Billing
Paid subscriptions are billed in advance according to the billing cycle selected during purchase.
By purchasing a subscription, you authorize Bluvia or its payment processor to charge the applicable fees, taxes, and other amounts associated with your subscription.
You agree to maintain current and valid payment information.
Failure to provide payment may result in suspension or termination of access to paid features.
9. Renewals
Unless otherwise stated, subscriptions automatically renew at the end of each billing period until canceled.
Renewal charges will be processed using your designated payment method.
You may cancel renewal before the next billing cycle through your account settings or by contacting support.
10. Refunds
Except where required by applicable law or expressly stated in a written refund policy, subscription fees are non-refundable.
Refunds, if granted, are made at Bluvia’s sole discretion.
Termination or cancellation does not automatically entitle you to a refund for unused subscription periods.
11. Taxes
Unless otherwise indicated, subscription fees do not include applicable taxes.
You are responsible for paying any sales, value-added, goods and services, withholding, or similar taxes arising from your purchase.
12. Customer Responsibilities
You agree to:
- Use the Services only for lawful purposes.
- Comply with all applicable privacy, data protection, and consumer protection laws.
- Maintain the security of your own systems.
- Configure the Services appropriately for your website.
- Obtain any legally required notices or consents from your website visitors.
- Maintain appropriate backups of your own data.
- Promptly install software updates where appropriate.
You are solely responsible for the content and operation of your own website.
Email Communications and Messaging
Certain features of the Services may allow you to send emails or other electronic communications to recipients that you designate (“Communications”).
You are solely responsible for all Communications sent using the Services, including the content, recipient lists, timing, frequency, and legal basis for sending such Communications.
By using these features, you represent and warrant that:
- You have the legal right to contact each recipient.
- You have obtained any consent, authorization, or other permission required by applicable law.
- Your Communications comply with all applicable laws, regulations, and industry standards, including anti-spam, privacy, consumer protection, and electronic communications laws applicable in the jurisdictions where you or your recipients are located.
- You will accurately identify yourself or your organization as the sender where required by law.
- You will not use deceptive, misleading, or fraudulent subject lines, sender information, or message content.
- You will honor unsubscribe requests and other recipient preferences where required by applicable law.
- You will not use the Services to send unsolicited bulk messages, spam, phishing emails, malware, or other abusive communications.
Bluvia acts solely as a provider of the Services and does not review, approve, monitor, or assume responsibility for Communications sent by users except as necessary to operate, maintain, secure, or comply with applicable law.
We reserve the right to suspend, restrict, or terminate access to messaging features if we reasonably believe they are being used in violation of these Terms, applicable law, or the rights of others.
You agree to indemnify and hold harmless Bluvia from any claims, investigations, penalties, fines, damages, or liabilities arising out of your use of the messaging features or your failure to comply with applicable electronic communications or privacy laws.
13. Customer Data
As between you and Bluvia, you retain ownership of your Customer Data.
“Customer Data” includes information, analytics, content, configurations, and other materials submitted to or generated through your use of the Services.
You grant Bluvia a limited license to process Customer Data solely as necessary to:
- Provide the Services.
- Maintain and secure the platform.
- Perform requested analytics.
- Generate AI-assisted insights.
- Troubleshoot issues.
- Comply with legal obligations.
- Enforce these Terms.
Bluvia does not acquire ownership of your Customer Data through your use of the Services.
14. Privacy
Our collection and use of personal information are governed by our Privacy Policy.
By using the Services, you acknowledge that personal information may be processed as described in the Privacy Policy.
Where Bluvia processes personal information on your behalf, additional data processing terms may apply.
15. Updates to the Services
- Add or remove features.
- Modify functionality.
- Improve security.
- Release updates.
- Perform maintenance.
- Correct errors.
- Introduce new subscription plans.
- Retire obsolete features.
We will use commercially reasonable efforts to minimize material disruption to the Services.