Terms of service

Agreement

These terms are an agreement between BlueFennick and you, and the organization you represent if you use the service for it. By signing in to or using the BlueFennick platform you accept them. If you do not accept them, do not use the service. If your organization has signed a separate written agreement with BlueFennick, that agreement controls wherever it differs from these terms. Our Privacy policy explains how we handle information and is part of this agreement.

You must be at least 18 years old and able to enter a binding contract. If you accept on behalf of an organization, you confirm that you have the authority to do so.

The service

BlueFennick provides a platform that assesses the systems an organization connects (starting with Oracle Cloud Infrastructure tenancies) by reading their configuration with read-only access. It compares what it finds with the requirements of compliance frameworks, shows the results and issues, tracks owners and documents, and is designed to assemble audit packages for audits. It does not change the systems it reads.

BlueFennick is in prelaunch. Access is by invitation or approved request, there is no public sign-up, and features may be incomplete, change, or be switched off. We may add, change or remove features at any time.

The service gives you information to help you prepare. It is not legal advice, audit advice or a compliance opinion, and BlueFennick is not an auditor. A score or a status such as “In place” comes from check results and from documents your organization has provided or accepted, based on what the checks could read. It does not mean that your organization is compliant, that you will pass an assessment or audit, or that a regulator, auditor or customer will accept it. We do not guarantee any compliance outcome. Checks cannot cover everything: the platform shows what it could not check, and you remain responsible for your own compliance and for deciding what to do with the results.

Accounts and access

Organizations are set up by BlueFennick after an invitation or an approved request. Users sign in with Google, Microsoft or their company’s single sign-on. Your organization’s administrators decide who has access and which roles they hold, and they are responsible for keeping that list current and for what their users do with the service.

Keep your sign-in secure and do not share it. Give us accurate information. Tell us promptly if you think someone has gained access to your account or your organization’s data without permission. We may refuse, suspend or end access when we reasonably believe it is needed to protect the service or its users.

Connecting your systems

When your organization connects a system, it authorizes BlueFennick to read that system’s configuration with the read-only access it provides, and to store and analyze what is read, so that we can provide the service. You confirm that you have the right to give that access and to share that information with us. You can remove the access you gave at any time in your own system, and ask us to end the connection. We will stop reading when you do.

Acceptable use

You agree not to:

• use the service in breach of the law or of anyone’s rights;
• connect a system you are not authorized to connect, or access another organization’s data;
• try to probe, scan, test or attack the service, or to get around its access controls, limits or separation between organizations;
• send malicious code, or place unreasonable load on the service;
• copy, resell, reverse engineer or build a competing product from the service, except as the law allows;
• put passwords, private keys or similar secrets into feedback, notes or documents.

If you find a security problem in the service, please report it to [email protected] and give us a reasonable time to fix it before you disclose it.

Your data

Your organization owns the data it connects, the results about its systems, and the documents it adds (together, customer data). These terms do not transfer ownership of any of it to BlueFennick. You give BlueFennick a limited right to host, copy, process and display customer data only so that we can provide, secure and support the service for you, and to follow the law.

BlueFennick owns the platform, its checks and catalog, its software and its content, and our name and logos. We give you a limited, non-exclusive right to use the service for your organization’s own internal purposes while these terms apply. Frameworks and standards belong to their publishers. If you send us feedback or ideas, we may use them to improve the service without owing you anything.

Confidentiality

Each of us may receive the other’s confidential information. Your customer data is your confidential information. Non-public details of the platform, its security, and pricing are ours. The receiving party will use the other’s confidential information only for the purposes of this agreement, protect it with reasonable care, and share it only with people who need to know it and are bound to protect it.

This does not apply to information that is public through no fault of the receiving party, that it already knew, that it received lawfully from someone else, or that it develops independently. A party may disclose confidential information when the law requires it, after telling the other party where the law allows. This duty continues for as long as the information remains confidential.

Availability

During prelaunch there is no service level commitment. We aim to keep the service running, but we do not promise it will be available, uninterrupted, or free of errors. We may take it down for maintenance or changes, and we may limit use to protect the service.

Fees

The prelaunch service is offered under the terms we agree with each organization. Fees, if any, and payment terms are set out in a separate written agreement. Nothing on this website lets you buy the service, and these terms do not create a payment obligation by themselves.

Ending the service

You may stop using the service at any time. Your organization may ask us to close it, and we may close or suspend an organization or a user for breach of these terms, for security reasons, or when we end the service or the prelaunch program, giving reasonable notice where we can.

When an organization’s account is closed, our policy is that sign-in stops, we stop reading from its connections, we keep its customer data for 30 days and work with the organization to provide a copy of it (such as its results, documents and audit package), and then we erase it from our active systems, with copies in nightly backups expiring within 30 days after that. A closure can be reversed until erasure begins. Audit logs are kept under our retention policy. The tools to carry this out are still being built. Until then, we handle any closure request directly with the organization’s administrator. Parts of these terms that by their nature should continue, such as confidentiality, ownership, disclaimers, limits of liability and governing law, continue after the agreement ends.

Disclaimers

The service is provided “as is” and “as available.” To the fullest extent the law allows, BlueFennick disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that results are complete or error-free, that the service will find every issue or misconfiguration, or that it will meet your requirements. Services from Oracle, Cloudflare, Google, Microsoft or others that you use with the service are governed by their own terms, and we are not responsible for them.

Limit of liability

To the fullest extent the law allows, BlueFennick will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, or for the cost of an audit failure, penalty or finding, however caused and whatever the legal theory, even if we were told they were possible.

BlueFennick’s total liability for all claims arising out of or relating to the service or these terms will not exceed the fees you paid for the service in the twelve months before the claim arose or, if you have paid no fees, US$100.

These limits do not apply to liability that the law does not allow to be limited.

Governing law

These terms are governed by the laws of the State of Delaware and applicable United States federal law, without regard to conflict-of-law rules. Any dispute arising from them will be brought in the state or federal courts located in Delaware, and each of us submits to their jurisdiction.

Changes to these terms

We may change these terms as the service changes. We will post the new version here with a new effective date. For a significant change, we will also notify organization administrators. If you keep using the service after a change takes effect, you accept the new terms. If you do not accept a change, you may stop using the service and ask us to close your organization.

General

If a part of these terms is found unenforceable, the rest stays in force. If we do not enforce a right, we have not given it up. You may not transfer your rights under these terms without our written consent; we may transfer ours in a merger, acquisition or sale of our business. These terms and any separate written agreement are the whole agreement between us about the service.

Contact

Questions about these terms: [email protected].

Contact BlueFennick