BLUSVN® Terms of Service

1. Agreement to Terms

These Terms of Service (the “Terms”) are a legally binding agreement between you, personally or on behalf of the entity you represent (“you” or “Customer”), and BLUSVN LLC, a Delaware limited liability company and wholly owned subsidiary of BLU Seven Limited (“BLUSVN,” “we,” “us,” or “our”). The Terms govern your access to and use of the BLUSVN.com website (the “Site”), the BLUSVN Bottled Water Delivery mobile application (the “App”), and the related services, content, features, and communications we provide (together with the Site and App, the “Services”).

Our Privacy Policy describes how we collect, use, and share personal information and is incorporated into these Terms by reference. Any supplemental terms, rules, or policies we post for a specific feature, promotion, or delivery option (“Supplemental Terms”) are also part of these Terms; if Supplemental Terms conflict with these Terms, the Supplemental Terms control for that feature. Our Refund and Cancellation Policy is a Supplemental Term.

BLUPals and BLUPal+ delivery partners (“Delivery Partners”) are independent contractors whose relationship with BLUSVN is governed by a separate Independent Contractor Agreement, not by these Terms.

BY CREATING AN ACCOUNT, PLACING AN ORDER, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.

2. The BLUSVN Marketplace

2.1 What we do

BLUSVN operates a technology platform that connects Customers who want value-pack bottled water delivered with independent Delivery Partners who purchase the water from a nearby retail location the Customer selects (each, a “Retailer”) and deliver it. BLUSVN is not a bottled water manufacturer, a Retailer, a delivery carrier, or a subscription service, and does not itself purchase, own, warehouse, or deliver any Products.

2.2 Products

“Products” means the value-pack bottled water cases (typically 32 to 45 count) made available for ordering through the Services from Retailers in your area. Brands, sizes, and prices vary by Retailer and location. BLUSVN does not offer shipping of bottled water and delivers only Products physically available at Retailers in your service area.

2.3 Delivery options

The Services currently offer two delivery options, each with a delivery window shown before checkout: (a) “BLU” doorstep delivery, in which a BLUPal leaves your order at your doorway or another exterior location you designate; and (b) “ULTRA” indoor delivery, in which a BLUPal+ Delivery Partner hands off your order inside the residence, office, hotel, break room, or other indoor location you designate. ULTRA is a premium option subject to Section 8.2.

2.4 Delivery Partners are independent

Delivery Partners are independent contractors, not employees, agents (except as expressly provided in Section 5.1), or representatives of BLUSVN. BLUSVN does not control the manner or means by which Delivery Partners perform deliveries. BLUSVN facilitates the transaction and is not responsible for the acts or omissions of Delivery Partners or Retailers, except as expressly provided in these Terms or required by law.

2.5 Delivery Partner screening

Delivery Partners who perform ULTRA indoor deliveries (BLUPal+) complete an enhanced third-party background check before becoming eligible for indoor deliveries.

2.6 Service areas

The Services are available only in the United States, in service areas we designate from time to time. We may change, suspend, or discontinue service areas, Retailers, Products, or delivery options at any time.

3. Eligibility

3.1 Age

You must be at least 18 years old to create an account and use the Services on your own behalf. If you are 13 to 17 years old, you may create an account and place orders (BLU or ULTRA) only with the permission of a parent or legal guardian who has reviewed and agreed to these Terms on your behalf. By permitting a minor to use the Services, the parent or guardian (a) agrees to these Terms, including Section 20, on the minor’s behalf; (b) is responsible for all orders, charges, and activity under the minor’s account; and (c) confirms that an adult will be present as required for any ULTRA delivery under Section 8.2. The Services are not directed to, and may not be used by, anyone under 13.

3.2 Business use

You may use the Services on behalf of a business, office, hotel, vacation rental, or other organization. If you do, you represent that you have authority to bind that organization, and “you” includes the organization. Business use is otherwise subject to these Terms; BLUSVN may offer separate terms for high-volume or recurring business accounts.

3.3 Representations

You represent that (a) all information you provide is accurate and current; (b) you will use the Services only for lawful purposes and in compliance with these Terms; and (c) you have not previously been suspended or removed from the Services.

4. Accounts and Security

You may need to register an account to place orders. You are responsible for keeping your password confidential, for all activity under your account, and for notifying us immediately at cus.help@blusvn.com of any unauthorized use. You may maintain only one account unless we agree otherwise in writing. We may refuse registration, or reclaim or change a username, if we reasonably determine it is inappropriate, misleading, or infringes another’s rights.

5. Ordering, Purchasing Agency, and Title

5.1 Appointment of Delivery Partner as purchasing agent

When you place an order, you appoint the Delivery Partner who accepts it as your limited agent for the sole purpose of purchasing the Products you specified from the Retailer you selected, on your behalf and at your direction, and transporting them to you. You authorize the Delivery Partner to pay the Retailer for the Products and authorize BLUSVN to charge you the amount the Delivery Partner paid, as reimbursement of funds advanced on your behalf, together with the other charges described in Section 5.3.

5.2 Title and risk of loss

Title to the Products passes directly from the Retailer to you at the time the Delivery Partner completes the purchase at the Retailer. From that time until delivery is completed under Section 8, the Delivery Partner holds the Products for you as bailee. BLUSVN never takes title to the Products. Risk of loss passes to you when delivery is completed as described in Section 8.

5.3 Prices and charges

Before you confirm an order, the Services display: (a) the estimated Product cost at the Retailer’s shelf price, with no markup by BLUSVN; (b) the delivery fee for the option you selected; (c) for ULTRA orders, the ULTRA premium (the difference between the ULTRA and BLU delivery fees) currently $1.00 which is part of the delivery fee; (d) a platform fee, which covers card processing; (e) applicable sales tax, bottle deposits, and other regulatory fees; and (f) any optional tip. If the Retailer’s actual price differs from the estimate, you will be charged the actual price shown on the Delivery Partner’s receipt, which is available in your order details.

5.4 Payment and authorization

You must provide a valid payment method accepted by the Services (currently credit and debit cards, Apple Pay, Google Pay, and Amazon Pay). By placing an order you authorize BLUSVN and its payment processor to place a temporary authorization hold for the estimated order total and to charge the final total when the order is Delivered or canceled in accordance with Section 9. Authorization holds are released by your financial institution according to its policies, typically within 3 to 7 business days.

5.5 Receipts and records

The detailed order receipt for your order is retained by BLUSVN and available to you in your order details for at least 90 days.

6. Order Statuses and Delivery Windows

6.1 Statuses

Orders progress through the following statuses, which are shown in the “Manage Orders” section of the App and Site and determine your cancellation and refund rights under Section 9:

• “Initialized” — you have placed the order and it is being offered to Delivery Partners.
• “Accepted” — a Delivery Partner has accepted your order.
• “On The Way” — the Delivery Partner is in transit to your delivery address, and you can see the Delivery Partner’s location in the App.
• “Delivered” — delivery has been completed as described in Section 8.
• “Canceled” — the order was canceled under Section 9.

6.2 Delivery windows are estimates

The BLU (approximately 4-hour after Accepted by a BLUPal) and ULTRA (approximately 2-hour after Accepted by a BLUPal+) delivery windows shown before checkout are good-faith estimates, not guarantees. Actual delivery times depend on Delivery Partner availability, Retailer conditions, traffic, weather, and other factors outside BLUSVN’s control. Except as provided in Section 9.5, a delivery completed after the estimated window does not entitle you to a refund.

7. Product Availability and Substitutions

Retailer inventory changes throughout the day and BLUSVN does not control it. If the Products you ordered are unavailable at the Retailer, the Delivery Partner will notify you through in-app chat. You may then (a) approve a substitute brand, size, or quantity offered through the App, in which case the order is adjusted to the substitute’s actual price; or (b) cancel the unavailable item or the order without a cancellation charge. If you do not respond within 10 minutes, the unavailable item will be removed and, if no items remain, the order will be canceled by BLUSVN and refunded in full under Section 9.5. Delivery Partners may not substitute Products without your in-app approval.

8. Delivery Terms

8.1 BLU doorstep delivery

For BLU orders, the Delivery Partner will leave your order at your front door or at the exterior location you specified in your delivery instructions, and will take a proof-of-delivery photograph of the placed order at the doorway. Photographs are taken only for BLU doorstep deliveries (including ULTRA orders completed as doorstep deliveries under Section 8.3). No signature or PIN is required. Delivery is complete, and risk of loss passes to you, when the photograph is uploaded. After that point BLUSVN and the Delivery Partner are not responsible for loss, theft, weather damage, or tampering. Delivery Partners are not required to carry Products up stairs or into any interior space on a BLU order.

8.2 ULTRA indoor delivery

For ULTRA orders, a BLUPal+ Delivery Partner will bring your order to the indoor location you selected (for example, a kitchen, pantry, office, or hotel room). An adult (18 or older) must be present to receive the order and must provide the delivery PIN shown in your order details. Entry of the correct PIN is the sole proof of delivery for an ULTRA order. No photographs are taken on ULTRA deliveries, and Delivery Partners are never permitted to photograph the interior of your premises. Delivery is complete, and risk of loss passes to you, when the PIN is confirmed. You are responsible for ensuring the Delivery Partner can safely access the indoor location, and you agree that the Delivery Partner may decline to enter, or may leave the Products at the nearest safe location, if the Delivery Partner reasonably believes entry is unsafe. Delivery Partners will not enter any part of your premises other than the area needed to complete the delivery.

8.3 Failed ULTRA handoff

There is no such thing as an undeliverable order. If no adult is present, the PIN is not provided, or the indoor location is inaccessible when the Delivery Partner arrives, the Delivery Partner will attempt to contact you through in-app chat and wait up to 10 minutes, and will then complete the order as a BLU doorstep delivery: the Products are left at your door or the nearest accessible entrance with a proof-of-delivery photograph, and the order is marked Delivered. The ULTRA premium is not refunded in that case.

8.4 Customer unavailable or address inaccessible

For any order, if the Delivery Partner cannot reach you or access the location you specified, the Delivery Partner will attempt to contact you through in-app chat, wait up to 10 minutes, leave the Products at your door or the nearest accessible entrance, photograph them, and mark the order Delivered. Section 8.1 then applies.

8.5 Inspection and delivery issues

Please inspect your order promptly. If Products are missing, damaged, or not what you ordered, contact BLUSVN Support through the App or at cus.help@blusvn.com within 24 hours of delivery with your order number, a description of the problem, and photographs where possible. Verified issues will be resolved, at BLUSVN’s option, by refund, Account Credit, or redelivery. Claims made after that period may be declined. Because Products are sealed, shelf-stable goods purchased at retail, any product-quality or recall issue is governed by the manufacturer’s and Retailer’s policies; we will help you identify the relevant contact.

8.6 Your delivery instructions

You are responsible for providing an accurate address, unit number, gate or access codes, and delivery instructions. BLUSVN is not responsible for failed or misdirected deliveries caused by inaccurate or incomplete information, and Section 8.4 will apply.

9. Cancellations and Refunds

9.1 While “Initialized”

You may cancel an order that has not yet been accepted by a Delivery Partner and will receive a full refund of all charges, including any tip, less the platform fee. If no Delivery Partner accepts your order within three (3) days after it is placed, BLUSVN will automatically cancel it and refund all charges in full, including the platform fee.

9.2 While “Accepted”

After a Delivery Partner has accepted your order and before it is On The Way, you may cancel and will receive a partial refund of the Product cost and applicable taxes and regulatory fees, less the delivery fee (including any ULTRA premium), the platform fee, and any tip, which are retained. The exact refund amount is shown before you confirm the cancellation.

9.3 While “On The Way”

Orders cannot be canceled once they are On The Way. The ULTRA premium is non-refundable once an order is On The Way, including where the order is completed as a BLU doorstep delivery under Section 8.3. Any issue with a delivered order must be raised under Section 8.5.

9.4 Non-delivery by a Delivery Partner

If a Delivery Partner cancels or fails to deliver an order after accepting it, the order returns to Initialized status: any charge for that Delivery Partner’s Product purchase is reversed, the order is re-offered to other Delivery Partners, and Section 9.1 applies — you may cancel and receive a full refund less the platform fee, or, if no Delivery Partner accepts the order within three (3) days after it returns to Initialized, BLUSVN will automatically cancel it and refund all charges in full.

9.5 Cancellation by BLUSVN

If BLUSVN cancels an order for any reason not caused by you — for example, because the Products are unavailable and you did not approve a substitute, a Retailer is closed, or a platform error occurs — you will receive a full refund of all charges, including the platform fee and any tip. BLUSVN may, at its option, offer Account Credit in addition to any refund under this Section 9.

9.6 Refund method and timing

Refunds are issued to the original payment method. Refunds of Account Credit are returned to your Account Credit balance immediately. Refunds to a card or wallet are submitted within 3 business days and typically appear within 5 to 7 business days depending on your financial institution. Once confirmed, a cancellation cannot be reversed.

9.7 How to cancel

Log in to your account, open the “Manage Orders” tab, select the order, and, if the “Cancel Order” button is available, select it and follow the on-screen instructions. The button is not available once an order is On The Way.

10. Tips

You may add an optional tip for your Delivery Partner at checkout or after delivery. 100% of every tip is paid to the Delivery Partner; BLUSVN retains no portion. Tips are refunded when an order is canceled while Initialized (Section 9.1), returns to Initialized after non-delivery and is then canceled (Section 9.4), or is canceled by BLUSVN (Section 9.5). Tips are retained if you cancel after a Delivery Partner has accepted your order (Section 9.2). Tips added after delivery are final.

11. Account Credits and Promotions

“Account Credits” are promotional or refund balances we add to your account. Account Credits have no cash value, cannot be transferred, sold, or redeemed for cash, and are applied automatically to your next eligible order. Promotional Account Credits and promotional codes expire on the date stated when issued (or 12 months after issuance if no date is stated), may be subject to additional Supplemental Terms, and may be revoked if we determine they were obtained or used fraudulently. Refund-based Account Credits do not expire.

12. Ratings, Reviews, and Feedback

12.1 Ratings

After a delivery you may rate your Delivery Partner. Ratings affect Delivery Partners’ standing on the platform, so you agree to rate honestly and based only on the Delivery Partner’s conduct. BLUSVN may exclude or remove ratings that appear to be based on matters outside the Delivery Partner’s control (such as Retailer stock, pricing, or App issues), that are discriminatory, or that violate Section 14.

12.2 License to feedback

By submitting ratings, reviews, comments, or suggestions (“Feedback”), you grant BLUSVN a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, and distribute the Feedback in connection with the Services, and you waive any moral rights in it. You represent that you own or have the right to submit the Feedback and that it does not violate any law or third-party right.

13. Communications

By providing your mobile number and creating an account, you consent to receive transactional text messages, push notifications, and emails about your account, orders, and deliveries, including messages sent with automated technology. Message and data rates may apply. You may separately opt in to promotional messages; consent to promotional messages is not a condition of using the Services, and you may opt out at any time by replying STOP or using the unsubscribe link. Opting out of promotional messages does not stop transactional messages needed to complete your orders. All communication with Delivery Partners takes place through in-app chat, which is available only while an order is in progress; Delivery Partners do not receive your phone number or email address. You also consent to receive notices, disclosures, and agreements electronically, and agree that electronic delivery satisfies any legal requirement that a communication be in writing.

14. Acceptable Use

You agree not to use the Services to:

• harass, threaten, abuse, discriminate against, or violate the rights of any Delivery Partner, Retailer employee, or other person;
• request that a Delivery Partner perform any task other than the delivery ordered, deliver to a location other than the address on the order, or accept payment outside the Services;
• submit false claims of non-delivery, missing items, or damage, or otherwise obtain refunds or Account Credits fraudulently;
• record, photograph, or contact a Delivery Partner outside the Services, or share a Delivery Partner’s personal information;
• post or transmit unlawful, defamatory, obscene, infringing, or otherwise objectionable content, or content containing malware;
• use bots, scrapers, or other automated means to access the Services, or copy, reverse engineer, or interfere with the Services;
• create multiple accounts, share accounts, or circumvent any suspension or termination; or
• violate any applicable law or regulation.

15. Intellectual Property

15.1 Ownership

The Services and all content and materials in them — including the BLUSVN® name and logo and all text, graphics, designs, software, data, and the selection and arrangement of them — are owned by BLUSVN or our licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws. BLUSVN® is a registered trademark of BLUSVN LLC, the brand under which BLUSVN LLC operates the Services. Retailer and product brand names are trademarks of their respective owners and are used for identification only; no affiliation or endorsement is implied.

15.2 License to you

Subject to these Terms, BLUSVN grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for ordering Products for yourself or your organization. All other rights are reserved. You may not resell, copy, modify, distribute, publicly display, reverse engineer, or create derivative works from the Services or their content, or use data-mining or extraction tools, except as expressly permitted.

15.3 Copyright complaints

If you believe content on the Services infringes your copyright, send a notice complying with 17 U.S.C. § 512(c)(3) to our designated agent: BLUSVN LLC, Attn: Copyright Agent, 8 The Green, Suite B, Dover, DE 19901.

16. Third Parties and App Stores

16.1 Retailers and third-party services

Retailers are independent businesses, not partners or affiliates of BLUSVN. The Services may also link to or rely on third-party websites, mapping, payment, and other services (“Third-Party Services”). BLUSVN is not responsible for Third-Party Services or their content, policies, or practices, and inclusion of a link does not imply endorsement.

16.2 App store terms

If you download the App from the Apple App Store or Google Play, you also agree to the applicable store’s terms. With respect to the Apple App Store: these Terms are between you and BLUSVN only, not Apple; Apple has no obligation to provide maintenance or support for the App; Apple is not responsible for any product warranty, claim, or intellectual-property infringement claim relating to the App; Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you; and you represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.

17. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, BLUSVN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BLUSVN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DELIVERY WINDOWS WILL BE MET, THAT PRODUCTS WILL BE AVAILABLE, OR THAT ANY DELIVERY PARTNER OR RETAILER WILL PERFORM AS EXPECTED. BLUSVN IS NOT THE MANUFACTURER OR SELLER OF THE PRODUCTS AND MAKES NO WARRANTY REGARDING THEM; ANY PRODUCT WARRANTY IS PROVIDED, IF AT ALL, BY THE MANUFACTURER OR RETAILER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BLUSVN, BLU SEVEN LIMITED, AND THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND AFFILIATES (THE “BLUSVN PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, THE PRODUCTS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF THE BLUSVN PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO BLUSVN IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR BLUSVN’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, OR TO BLUSVN’S REFUND OBLIGATIONS UNDER SECTION 9. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A NEW JERSEY RESIDENT, THE LIMITATIONS IN SECTIONS 17 AND 18 APPLY ONLY TO THE EXTENT PERMITTED BY NEW JERSEY LAW.

19. Indemnification

You agree to defend, indemnify, and hold harmless the BLUSVN Parties from and against any claim, demand, loss, liability, damage, or expense (including reasonable attorneys’ fees) brought by a third party arising out of or relating to (a) your breach of these Terms; (b) your violation of any law or the rights of any person, including a Delivery Partner; (c) inaccurate delivery information or unsafe conditions at your delivery address; or (d) your Feedback. BLUSVN may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with that defense.

20. Dispute Resolution and Mutual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

20.1 Informal resolution first

Before starting arbitration or a lawsuit, you and BLUSVN agree to try to resolve any Dispute informally. The party raising the Dispute must send the other a written notice (“Notice of Dispute”) that includes the sender’s name, address, and email, the account email, a description of the Dispute, and the specific relief requested. Send notices to BLUSVN LLC, Attn: Legal – Dispute Notice, 8 The Green, Suite B, Dover, DE 19901; BLUSVN will send notices to the email address on your account. If requested by either party, the parties will hold at least one telephone or video conference to discuss the Dispute; you may be accompanied by counsel. If the Dispute is not resolved within 60 days after the Notice of Dispute is received, either party may begin arbitration under this Section. The 60-day period tolls any applicable statute of limitations. A court may enjoin the filing or prosecution of an arbitration if this Section 20.1 has not been completed.

20.2 Agreement to arbitrate

Except as provided in Sections 20.3 and 20.10, you and BLUSVN agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the Products, any order or delivery, or any communication or advertising by BLUSVN, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after these Terms took effect (each, a “Dispute”), will be resolved exclusively by final and binding individual arbitration. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and evidences a transaction involving interstate commerce.

20.3 Exceptions

Either party may (a) bring an individual claim in small claims court in the county where you live, or in Kent County, Delaware, if the claim qualifies and remains in that court on an individual basis; (b) seek injunctive or other equitable relief in court to protect intellectual property rights or to stop unauthorized use of the Services; and (c) file a complaint with a federal, state, or local government agency, which may seek relief against BLUSVN on your behalf. If a small-claims case is transferred, removed, or appealed to a non-small-claims court, this arbitration agreement applies.

20.4 Arbitration provider and rules

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and the Mass Arbitration Supplementary Rules then in effect (the “AAA Rules”), as modified by this Section 20. The AAA Rules are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration, the parties will select another administrator, or, if they cannot agree, a court will appoint one. The arbitrator will be a single neutral arbitrator who is a retired judge or an attorney with at least ten years’ experience.

20.5 Arbitration procedure

A party starting arbitration must attach a copy of its Notice of Dispute and a certification that Section 20.1 was completed. The arbitration will be conducted in the county where you live, or by telephone or videoconference, unless the parties agree otherwise. The arbitrator may award any individual relief a court could award, must follow applicable law and these Terms, and must issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, not a court, will decide all questions of arbitrability, including the scope, validity, and enforceability of this Section 20, except that only a court may decide the enforceability of Section 20.7 (Class Action Waiver).

20.6 Fees

Payment of AAA filing, administrative, and arbitrator fees will be governed by the AAA Rules. If you are unable to afford the fees, BLUSVN will pay them. If the arbitrator finds that your claim was filed for an improper purpose or is frivolous under the standard of Federal Rule of Civil Procedure 11(b), the allocation of fees will follow the AAA Rules. Each party pays its own attorneys’ fees unless applicable law or the AAA Rules provide otherwise; nothing in this Section prevents the arbitrator from awarding attorneys’ fees to you where a statute provides for them.

20.7 Class action and jury trial waiver

YOU AND BLUSVN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, EXCEPT AS PROVIDED IN SECTION 20.8. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BLUSVN EACH WAIVE THE RIGHT TO A JURY TRIAL. If this Section 20.7 is found unenforceable as to a particular claim or request for relief (such as public injunctive relief), that claim or request will be severed and decided by a court, and the remaining claims will be arbitrated.

20.8 Mass arbitration

If 25 or more similar arbitration demands are filed against BLUSVN by the same or coordinated counsel, the demands will be administered under the AAA Mass Arbitration Supplementary Rules. The parties will each select 10 demands (or all demands if fewer than 20) to proceed first as bellwether arbitrations; the remaining demands will be held in abeyance, with any statute of limitations tolled, until the bellwether arbitrations conclude, after which the parties will engage in a global mediation. If the Dispute is not resolved through mediation, the remaining demands will proceed in batches of 50 under the AAA Rules. A court of competent jurisdiction may enforce this Section 20.8.

20.9 Confidentiality and settlement offers

Arbitration proceedings and awards are confidential except as needed to enforce an award or as required by law. If BLUSVN makes a written settlement offer before the arbitrator is appointed and the arbitrator awards you more than that offer, BLUSVN will pay you the greater of the award or $500, plus reasonable attorneys’ fees incurred after the offer.

20.10 30-day right to opt out

You may opt out of this arbitration agreement by sending a written notice within 30 days after you first accept these Terms to BLUSVN LLC, Attn: Arbitration Opt-Out, 8 The Green, Suite B, Dover, DE 19901. Your notice must include your name, the email address on your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms, including Section 20.7’s class action waiver, which continues to apply to claims brought in court, and Section 21. If you have previously agreed to an arbitration provision with BLUSVN and did not opt out, this Section 20 applies.

20.11 Changes to this Section

If BLUSVN changes this Section 20 after you accept these Terms, you may reject the change by sending written notice to the opt-out address within 30 days after the change takes effect, in which case the version of Section 20 you previously accepted will continue to apply.

20.12 Severability and survival

Except as provided in Section 20.7, if any part of this Section 20 is found unenforceable, the remainder will remain in effect. This Section 20 survives termination of your account or these Terms.

21. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except that (a) the Federal Arbitration Act governs Section 20, and (b) nothing in these Terms limits any non-waivable consumer-protection rights you have under the laws of the state where you reside. Subject to Section 20, any court proceeding arising out of these Terms (including proceedings to compel arbitration, enforce an award, or seek relief under Section 20.3(b)) will be brought exclusively in the state or federal courts located in Kent County, Delaware, and you consent to their jurisdiction, except that small-claims actions may be brought in the county where you reside.

22. Suspension and Termination

You may close your account at any time through the Settings tab of the App or Site or by contacting Support. BLUSVN may suspend or terminate your account or access to the Services, with or without notice, if we reasonably believe you have violated these Terms or applicable law, engaged in fraud or abuse, threatened or mistreated a Delivery Partner, or if we discontinue the Services. Orders in progress at termination will be completed or refunded under Section 9. Sections 5, 8.1, 8.2, 12.2, 15, 17 through 21, 24, and any other provision that by its nature should survive, will survive termination.

23. Changes to These Terms

BLUSVN may modify these Terms from time to time. We will post the revised Terms in the App and on the Site with a new “Last Updated” date and, for material changes, will notify you by email or in-app notice at least 14 days before the change takes effect (except that changes required by law or to address a security issue may take effect immediately). Changes do not apply retroactively to orders placed before the effective date. Your continued use of the Services after the effective date constitutes acceptance; if you do not agree, you must stop using the Services and may close your account. Section 20.11 governs changes to the arbitration provision.

24. General Terms

24.1 Entire agreement

These Terms, the Privacy Policy, and any Supplemental Terms are the entire agreement between you and BLUSVN regarding the Services and supersede all prior agreements on that subject.

24.2 Assignment

You may not assign or transfer these Terms or your account without BLUSVN’s written consent. BLUSVN may assign these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, or sale of assets.

24.3 No third-party beneficiaries

Except for the BLUSVN Parties under Sections 18 and 19 and Apple under Section 16.2, there are no third-party beneficiaries of these Terms.

24.4 Severability and waiver

If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in effect, subject to Section 20.7. BLUSVN’s failure to enforce any provision is not a waiver of its right to do so later.

24.5 Force majeure

BLUSVN is not liable for any delay or failure to perform caused by events beyond its reasonable control, including severe weather, natural disasters, epidemics, labor disputes, Retailer or utility outages, internet or telecommunications failures, government actions, or shortages of Delivery Partners.

24.6 Notices

BLUSVN may give you notice by email to the address on your account, by in-app notice, or by posting on the Site. Notices to BLUSVN must be sent as specified in Section 25 or, for Disputes, Section 20.

24.7 Interpretation

Headings are for convenience only. “Including” means “including without limitation.” No rule of strict construction applies against the drafter.

24.8 California residents

Under California Civil Code § 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

25. Contact Us

Questions about these Terms, your orders, or the Services:

BLUSVN LLC
8 The Green, Suite B
Dover, Delaware 19901

Support: cus.help@blusvn.com or in-app chat

Legal notices and disputes: legal@blusvn.com

Registered agent: 8 The Green, Suite B, Dover, Delaware 19901