Blurry Terms of Service

1. definitions

   Capitalized terms have the meanings given below or where first defined in this Agreement.
   1. “Affiliate” means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of more than fifty percent (50%) of the voting interests or the power to direct management.
   2. “Authorized User” means an individual whom Customer permits to use the Service under its account, including members of an Organization.
   3. “Beta Features” means features identified as beta, preview, evaluation, or early access.
   4. “Blurry Technology” means the Platform, Documentation, software, models, algorithms, tools, and other technology and materials owned by or licensed to Blurry, including all Intellectual Property Rights in them.
   5. “Customer Content” means data, files, scans, images, videos, models, Scenes, annotations, text, and other materials that Customer or its Authorized Users submit to or create within the Service, excluding Output and Blurry Technology.
   6. “Documentation” means Blurry's then-current user guides, help materials, supported-format lists, and technical documentation for the Service.
   7. “Fees” means amounts payable for the Service under Section 8, an Order, or pricing published on the Platform.
   8. “Free Tier” means access to the Service made available without charge, subject to limits published on the Platform.
   9. “Intellectual Property Rights” means all patent, copyright, design, trademark, trade secret, database, moral, and other intellectual property or proprietary rights worldwide.
   10. “Law” or “Laws” means any applicable statute, regulation, rule, or binding governmental order.
   11. “Order” means an order form, statement of work, or online purchase flow describing the Service, plan, and Fees agreed by the parties.
   12. “Organization” means a workspace that groups Authorized Users under shared administration and billing.
   13. “Output” means a three-dimensional model, reconstruction, converted, optimized, compressed, or derivative file, or other result generated by the Service from Customer Content.
   14. “Personal Data” means information relating to an identified or identifiable natural person processed in connection with the Service.
   15. “Platform” means Blurry's websites, web applications, desktop and mobile applications, APIs, and related functionality for uploading, processing, visualizing, editing, organizing, storing, and sharing three-dimensional and related data.
   16. “Scene” means a project or workspace within the Service in which Customer Content or Output is organized, visualized, annotated, or shared.
   17. “Service” means Blurry's provision of the Platform and its available features, as described in the Documentation.
   18. “Third-Party Provider” means a third party engaged by Blurry to support or provide part of the Service.
   19. “Third-Party Provider Terms” means terms governing optional third-party processing or integrations presented to Customer before activation.
   20. “Third-Party Technology” means technology or materials owned by third parties that may be incorporated in or required to use Output.
   21. “Term” means the period beginning when Customer first accepts this Agreement, creates an account, uses the Service, or enters into an Order, and continuing until this Agreement is terminated or expires.

2. PLATFORM AND SERVICE

   1. Access. Subject to Customer's compliance with this Agreement and payment of applicable Fees, Blurry grants Customer a limited, non-exclusive, non-transferable, and non-sublicensable right during the Term to access and use the Service for its business, professional, organizational, or evaluation purposes. Subject to Sections 6.3 and 6.4, Customer may access, download, reproduce, modify, display, distribute, publish, share, embed, and commercially use Output made available for download or export through the Platform. Customer may share or embed Customer Content and Output using functionality provided by the Platform. Unless otherwise stated on the Platform or agreed by Blurry, the Free Tier may be used only for evaluation or non-commercial purposes.
   2. Service Availability. Blurry will use commercially reasonable efforts to maintain the availability of the Service. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond Blurry's reasonable control.
   3. Modifications to the Service. Blurry may modify, update, enhance, or discontinue any feature or functionality of the Service at any time for operational, technical, security, legal, or other reasonable business reasons. Nothing in this Agreement obliges Blurry to provide or maintain any feature not then made available in the Platform. Blurry will use commercially reasonable efforts to notify Customer in advance of any modification that materially degrades the functionality of the Service. No such modification will materially diminish the overall functionality of the Service during a paid subscription term, except where required by Law or to address a security or operational risk. Customer's continued use of the Service following any modification constitutes acceptance of the modified Service.
   4. Beta Features. Blurry may make Beta Features available from time to time at its sole discretion. Beta Features are provided “as is” and “as available” without warranty of any kind, may contain errors or defects, and may be modified, suspended, or discontinued at any time without notice or liability. Beta Features are not considered part of the Service for purposes of any service commitment, service-level agreement, warranty, indemnity, or support obligation under this Agreement. To the maximum extent permitted by Law, Blurry disclaims all warranties and will have no liability arising out of or relating to Customer's use of or reliance on any Beta Feature, other than liability that cannot be excluded under Law. Availability of a Beta Feature does not constitute a commitment to release a generally available version.
   5. APIs. Where Blurry makes an API or other programmatic access available, Customer's use of the API is subject to this Agreement, the Documentation, and applicable technical requirements and rate limits made available to Customer from time to time. Customer is responsible for the security of its API keys and access credentials, and for all activity occurring through them. Customer must not use the API to circumvent usage limits, access controls, or impair the Service. Blurry is not responsible for any application, integration, or workflow that Customer builds on or connects to the API.

3. ACCOUNTS AND SECURITY

   1. Accounts and Credentials. Access to the Service requires an account. Customer must provide accurate account information and keep it current, maintain the confidentiality of its login credentials, and restrict access to authorized individuals. Customer is responsible for all activity occurring under its account and for the acts and omissions of its Authorized Users. Customer must notify Blurry promptly at hello@useblurry.com of any suspected unauthorized access to or use of its account.
   2. Eligibility. Customer and each Authorized User must be at least eighteen (18) years old and legally capable of entering into a binding agreement.

4. CUSTOMER RESPONSIBILITIES

   1. Restrictions. Customer will not, and will not permit any Authorized User or third party to: (a) copy, modify, or create derivative works of the Service except through permitted Platform functionality; (b) reverse engineer, decompile, or disassemble the Service, except to the extent this restriction is prohibited by Law; (c) resell, sublicense, rent, or provide the Service to third parties except through permitted sharing, embedding, white-label, or API functionality; (d) use the Service to build a competing product or publish benchmarks without Blurry's consent; (e) introduce malicious code or excessive load or interfere with the security or performance of the Service; (f) remove proprietary notices; or (g) use the Service or submit Customer Content or Output in violation of Law or third-party rights, including privacy, publicity, confidentiality, intellectual property, property-access, or image rights. Customer must not upload or create scans, images, models, or other Customer Content depicting an identifiable person, private location, protected artwork or object, weapon or unlawful item unless Customer has all rights, notices, permissions, and consents required by Law and this Agreement.
   2. Sensitive Data and High-Risk Use. Customer is responsible for determining whether the Service provides appropriate safeguards for Customer Content. Customer must not upload special-category or sensitive Personal Data, government identifiers, payment-card data, health information, precise biometric identifiers, or other data requiring safeguards the Service does not provide. Output may contain errors and must be independently verified. The Service is not designed as an authoritative system of record for official surveys or regulatory filings or for uses where an error could reasonably cause death, personal injury, or significant property or environmental damage.

5. SHARING, ORGANIZATIONS, AND TRANSFERS

   1. Sharing. Where enabled in the Platform, Customer may share Scenes, Customer Content, and Output by link or invitation. Customer grants each intended recipient a limited right to view, stream, and interact with the Customer Content and Output made available to that recipient through the sharing settings selected by Customer. Customer is responsible for its sharing settings, recipients, and assigned roles. Anyone who obtains a shareable link may be able to access the applicable Scene, Customer Content, and Output; Customer should treat links accordingly. Blurry is not responsible for a recipient's use of materials that Customer chooses to share.
   2. Organizations. Where enabled in the Platform, Customer may create or join an Organization. The designated owner controls the Organization account and associated Customer Content. Organization administrators may manage membership, roles, access, Customer Content, and Output, including by accessing, modifying, transferring, or deleting them. Customer Content and Scenes within an Organization may be visible to, and accessible by, other members of that Organization in accordance with the Organization's access settings and assigned roles. Where enabled in the Platform, Customer may share Scenes, Customer Content, and Output with another Organization; the sharing Organization remains responsible for the shared materials, and the recipient Organization's use is subject to the access settings selected by the sharing Organization. Customer is responsible for its administrators, Authorized Users, Organization access settings, and for ensuring that members of its Organization are aware that Customer Content and Scenes may be visible to other members.
   3. Scene Transfers. Where enabled in the Platform, a Scene may be transferred to another account or Organization upon the recipient's acceptance. The recipient assumes responsibility for the transferred Scene, Customer Content, and Output, including associated storage and Fees.
   4. White-Label Branding. Where enabled on an eligible paid plan, Customer may replace Blurry branding on shared Scenes. Customer remains responsible for materials presented under its branding and must not imply Blurry's endorsement.

6. CONTENT AND INTELLECTUAL PROPERTY

   1. Blurry Technology. As between the parties, Blurry and its licensors retain all right, title, and interest in Blurry Technology, including all Intellectual Property Rights therein. No rights are granted to Customer except as expressly stated in this Agreement.
   2. Customer Content and Output. As between the parties, Customer retains all right, title, and interest in and to Customer Content. For Output generated solely using Blurry Technology, Blurry assigns to Customer any Intellectual Property Rights that Blurry acquires in that Output. To the extent any such rights cannot be assigned or do not arise, Blurry grants Customer a perpetual, worldwide, royalty-free license to use that Output as permitted under Section 2.1. This Section does not transfer ownership of Blurry Technology or Third-Party Technology.
   3. Third-Party Output. Output generated using a third-party service (“Third-Party Output”) is subject to the applicable Third-Party Provider Terms. Customer receives only those rights in Third-Party Output that the applicable Third-Party Provider permits Blurry to grant or make available to Customer and may use Third-Party Output only as permitted by those terms. No ownership of, or license to, Third-Party Technology is transferred except as expressly permitted under the applicable Third-Party Provider Terms. Blurry does not represent or warrant that Third-Party Output is owned exclusively by Customer, is eligible for intellectual property protection, or may be assigned, sublicensed, or used without restriction.
   4. Embedded Technology. Output may incorporate Blurry Technology or Third-Party Technology, which Customer may use solely as embedded in the Output and subject to this Agreement, the applicable Third-Party Provider Terms, and any notified attribution requirements.
   5. Third-Party Processing License. By enabling or requesting a third-party service, Customer: (a) instructs Blurry to transmit the relevant Customer Content to the identified Third-Party Provider; (b) grants Blurry and that Third-Party Provider a non-exclusive, royalty-free right to use such Customer Content to the extent necessary to perform the requested processing under the applicable Third-Party Provider Terms; and (c) represents and warrants that it holds all rights, permissions, and consents required to grant those rights.
   6. License to Blurry. Customer grants Blurry a non-exclusive, worldwide, royalty-free, fully paid-up license to host, store, reproduce, process, transform, transmit, and display Customer Content and, to the extent Customer holds rights therein, Output, solely as necessary to provide, operate, maintain, and secure the Service, carry out Customer's instructions, and support Customer's sharing and collaboration settings. This license survives expiration or termination solely to the extent necessary to complete deletion and backup retention in accordance with Section 9.4.
   7. Customer Responsibilities. Customer represents that it has the rights, permissions, notices, consents, and lawful basis necessary to submit Customer Content and grant the licenses in Sections 6.5 and 6.6, including in relation to identifiable persons, captured locations, and protected objects. Customer Content must not violate Law or third-party rights. Customer is responsible for reviewing Output and ensuring that its use of Output complies with Law, applicable Third-Party Provider Terms, and third-party rights.
   8. Model Training. Blurry does not use Customer Content to train or fine-tune its own general-purpose artificial-intelligence models or models for other customers. Customer Content submitted to an optional third-party service may be used by the applicable Third-Party Provider, including for model training or improvement purposes, in accordance with the Third-Party Provider Terms. This Section does not restrict processing necessary to generate Output or provide the Service.
   9. Aggregated Data; Feedback. Blurry may use aggregated or de-identified technical and usage data that does not identify Customer or any individual to operate, analyze, and improve the Service, provided it does not re-identify the data. Customer assigns to Blurry all rights in feedback and suggestions it voluntarily provides, and Blurry may use them without restriction or obligation.

7. THIRD-PARTY SERVICES

   Before Customer enables a third-party service, Blurry will identify the Third-Party Provider and make the applicable Third-Party Provider Terms reasonably available through the Platform. By affirmatively enabling or requesting the service, Customer accepts those terms and authorizes the transfer and processing of the selected Customer Content. Third-Party Provider Terms may govern the provider's use of Customer Content and the ownership, use, modification, distribution, commercial exploitation, and transferability of Third-Party Output. In the event of a conflict concerning a third-party service or Third-Party Output, the applicable Third-Party Provider Terms control solely with respect to that service or Third-Party Output. Blurry acts as a technical intermediary in making the third-party service available and is not responsible for that service, its processing of Customer Content, or limitations imposed on Third-Party Output under the applicable Third-Party Provider Terms.

8. FEES, PAYMENT, AND SUSPENSION

   1. Fees and Payment. Customer will pay the Fees stated on the Platform or in an Order. Subscription Fees are billed in advance. Pay-as-you-go storage Fees are calculated on a pro-rata basis according to actual usage duration measured at one-minute resolution and billed monthly in arrears on each monthly anniversary of the applicable subscription or account activation date. Other pay-as-you-go Fees, including processing Fees, are billed as shown at purchase or use. Invoices are due within thirty (30) days. Customer authorizes Blurry and its payment processor to charge the payment method on file. Except as required by Law or expressly stated in this Agreement, Fees for the current committed billing period are non-refundable and non-cancelable, although Customer may cancel renewal under Section 9.2.
   2. Processing Fees. Fees for per-use processing are charged or authorized in advance before processing begins. If an individual processing job fails to meet the applicable completion criteria published or presented at purchase, Blurry will refund or release the corresponding Fee. Blurry may issue other credits or refunds in its discretion. This is Customer's exclusive remedy for failure of an individual processing job; Section 10.1 separately governs a material failure of the paid Service to conform to the Documentation.
   3. Changes; Taxes; Late Payment. Blurry may change its plans or Fees upon reasonable notice of a material increase. Changes apply to subscription Fees at the next renewal and to pay-as-you-go Fees after notice. Fees exclude applicable taxes, other than taxes on Blurry's net income. Customer will gross up any required withholding. Overdue undisputed amounts accrue interest at the lesser of 1.5% per month or the maximum lawful rate. Billing disputes must be raised within thirty (30) days after the charge.
   4. Suspension. Blurry may suspend access for overdue Fees, material breach, or a material security, legal, or operational risk. Before suspending access for overdue Fees, Blurry will provide Customer with written notice of the overdue amount and a cure period of ten (10) calendar days from the date of such notice to remit payment in full; if Customer fails to cure within that period, Blurry may suspend access immediately. For other grounds, where practicable, Blurry will provide notice and an opportunity to cure. Suspension does not affect Customer's payment obligations, and Blurry will restore access when the issue is resolved.

9. TERM AND TERMINATION

   1. Term and Renewal. This Agreement continues during the Term. Unless an Order states otherwise, subscriptions automatically renew for successive periods equal to the then-current subscription term at the then-current Fees. Pay-as-you-go access continues until termination in accordance with Section 9.2 or 9.3.
   2. Cancellation and Termination for Convenience. Customer may cancel a paid subscription at any time through the cancellation functionality available within the Platform. Customer may close its account and request deletion of all associated data by written notice to hello@useblurry.com. Subscription cancellation takes effect at the end of the current billing period and, unless Customer closes its account, downgrades the account to the Free Tier; in that case, this Agreement continues to govern Customer's use of the Free Tier. Account closure terminates this Agreement and Customer's access. Blurry may terminate this Agreement or discontinue a paid Service upon thirty (30) days' written notice. If Blurry terminates this Agreement for convenience or discontinues a paid Service before the end of a prepaid billing period, Blurry will refund the pro-rata portion of prepaid subscription Fees attributable to the unused period. This refund does not apply to pay-as-you-go Fees or Fees already accrued. Except as stated in this Section, Fees are non-refundable, and cancellation or termination does not affect accrued Fees.
   3. Termination for Material Breach. Either party may terminate this Agreement for an uncured material breach upon ten (10) days' notice. Blurry may terminate immediately if Customer uses the Service unlawfully, repeatedly infringes third-party rights, or creates a material security, legal, or operational risk.
   4. Effect of Termination. Before account closure, Customer should export available Customer Content and Output. Upon termination or expiration: (a) Customer's right to access and use the Service terminates; (b) Customer will promptly pay all accrued Fees; and (c) each party will handle the other party's information in accordance with Section 13. Termination does not affect Customer's ownership of Customer Content, any rights assigned under Section 6.2, or Customer's continuing right to use Output lawfully downloaded before termination, subject to Sections 6.3 and 6.4 and applicable Third-Party Provider Terms. Upon account closure, Customer's access ends. Blurry will delete active copies of Customer Content within thirty (30) days unless retention is required by Law, and will delete backup copies in the ordinary course. Blurry may delete Customer Content and Output associated with an inactive Free Tier account after reasonable prior notice to Customer.
   5. Survival. Accrued payment obligations, Section 9.4, and Sections 6, 10.2, 11, 12, 13, 14, 15, and 16 survive expiration or termination to the extent applicable.

10. WARRANTIES AND DISCLAIMERS

    1. Limited Warranty. Blurry warrants that the paid Service will materially conform to the Documentation. If Customer reports a breach, Blurry will use commercially reasonable efforts to correct it or, if unable to do so, terminate the affected Service and refund prepaid Fees for the unused period. This is Customer's exclusive remedy for breach of this warranty and is separate from the processing-job remedy in Section 8.2. This warranty does not apply to the Free Tier or Beta Features.
    2. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, DOCUMENTATION, AND OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BLURRY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BLURRY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT OUTPUT WILL BE ACCURATE, COMPLETE, UNIQUE, NON-INFRINGING, OR SUITABLE FOR CUSTOMER'S INTENDED USE OR PRODUCTION. CUSTOMER MUST REVIEW AND VALIDATE OUTPUT BEFORE USE. NO SERVICE LEVEL APPLIES UNLESS AGREED IN AN ORDER.

11. LIMITATION OF LIABILITY

    1. Excluded Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF ADVISED OF THEIR POSSIBILITY.
    2. Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF: (A) THE FEES PAID OR PAYABLE BY CUSTOMER DURING THE TWELVE (12) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY; OR (B) US$100.
    3. Exceptions. These limitations do not apply to Customer's payment or indemnification obligations, either party's fraud or willful misconduct, or liability that cannot be limited under Law.

12. INDEMNIFICATION

    1. By Customer. Customer will defend, indemnify, and hold harmless Blurry and its Affiliates, and their respective officers, directors, employees, and agents (collectively, “Blurry Indemnitees”) against any third-party claim, action, or proceeding arising from or relating to Customer Content, Customer's or its Authorized Users' breach of this Agreement or Law, their infringement of third-party rights, or their use of Output in violation of this Agreement, and will indemnify the Blurry Indemnitees against all damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and professional costs) finally awarded or agreed in settlement.
    2. Procedure. The Blurry Indemnitee seeking indemnification will promptly notify Customer of the claim and provide reasonable cooperation. Customer will have sole control of the defense and settlement, provided that Customer may not settle any claim without Blurry's prior written consent if the settlement does not fully and unconditionally release all Blurry Indemnitees, or imposes any liability, admission, obligation, or restriction on any Blurry Indemnitee.

13. CONFIDENTIALITY

    1. Confidential Information. “Confidential Information” means information disclosed by one party (the “Disclosing Party”) to the other (the “Receiving Party”) that is marked confidential or reasonably should be understood as confidential. Blurry Technology is Blurry's Confidential Information. Customer Content is Customer's Confidential Information. The Receiving Party will use Confidential Information only under this Agreement, protect it with reasonable care, and disclose it only to Affiliates, personnel, advisors, and Third-Party Providers that need to know it and are bound by confidentiality obligations at least as protective as those in this Section, or as otherwise authorized by the Disclosing Party. The Receiving Party is responsible for their compliance, and any breach by a permitted disclosee will be deemed a breach by the Receiving Party. Upon expiration or termination of this Agreement or upon the Disclosing Party's written request, the Receiving Party will promptly return or destroy Confidential Information in its possession or control that it has no continuing right to use, except for copies retained as required by Law or in routine backups, which will remain subject to this Section until deleted in the ordinary course.
    2. Exceptions and Required Disclosure. Confidential Information does not include information that the Receiving Party can demonstrate is public without breach, lawfully received without restriction, previously known without restriction, or independently developed. The Receiving Party may disclose information as required by Law if, where legally permitted, it gives prompt notice and reasonable assistance at the Disclosing Party's expense.
    3. Duration. These obligations continue during the Term and for three (3) years afterward, except for trade secrets, which remain protected while qualifying as trade secrets under Law.
    4. Remedies. A breach of this Section may cause irreparable harm for which monetary damages may be inadequate. Accordingly, the non-breaching party may seek injunctive or other equitable relief in addition to any other remedies available under this Agreement or Law.

14. PRIVACY AND SECURITY

    1. Privacy Notice and Customer Personal Data. Blurry's Privacy Policy, available on the Platform, describes how Blurry handles Personal Data for its own purposes and does not form part of this Agreement. Customer acknowledges that Customer Content may contain Personal Data, including images or recordings of identifiable individuals. Customer is responsible for providing required notices and obtaining all lawful bases, permissions, and consents for that Personal Data. To the extent Blurry processes Personal Data in Customer Content on Customer's behalf, the Data Processing Addendum available at https://www.useblurry.com/data-processing-addendum (“DPA”) is incorporated into and forms part of this Agreement.
    2. Third-Party Processing of Personal Data. Where Customer enables an optional third-party service, the applicable Third-Party Provider may process Personal Data contained in Customer Content as an independent controller for its own purposes, including model training. Customer's acceptance of this Agreement does not establish a lawful basis for such processing with respect to identifiable individuals. Customer must not enable an optional third-party service for Customer Content containing Personal Data unless the requirements of Section 6.8 have been satisfied and Customer has ensured compliance with all applicable legal requirements, including any required consents or notices under applicable Law.
    3. Security. Blurry will maintain reasonable administrative, technical, and organizational measures designed to protect Customer Content against unauthorized access, loss, or alteration, appropriate to the nature of the Service. Blurry will notify Customer without undue delay after becoming aware of unauthorized access to Customer Content where notification is required by Law and will provide information reasonably available to Blurry to assist Customer in meeting applicable notification obligations.

15. PUBLICITY

    Neither party will use the other's name, logo, or trademarks in publicity, advertising, or marketing without the other party's prior written consent.

16. MISCELLANEOUS

    1. Governing Law; Venue. This Agreement is governed by Delaware law, without regard to conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over disputes arising from this Agreement, and each party consents to their jurisdiction. Before filing a claim, a party will give notice of the dispute and allow thirty (30) days for good-faith resolution. Either party may seek immediate injunctive or equitable relief.
    2. Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN AN ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.
    3. Changes. Blurry may update this Agreement from time to time. Material changes will not apply retroactively and will take effect after reasonable notice by email or through the Service. If Customer does not agree, it must stop using the Service and may terminate this Agreement before the changes take effect.
    4. Assignment. Customer may not assign this Agreement without Blurry's consent, except to a successor in connection with a merger, acquisition, or sale of substantially all its assets that is not a Blurry competitor. Blurry may assign this Agreement to an Affiliate or successor. Any other attempted assignment is void.
    5. Notices. Notices must be in writing. Notices to Blurry may be sent to hello@useblurry.com. Blurry may notify Customer through the Service or at the email address associated with its account. Notices are effective when sent unless a delivery failure is received.
    6. Force Majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.
    7. Relationship. The parties are independent contractors. This Agreement does not create a partnership, agency, joint venture, or rights in any third party.
    8. Export Compliance. Customer will not access, use, export, or make available the Service, Customer Content, or Output in violation of applicable export-control or sanctions Laws. Customer represents that it and its Authorized Users are not subject to applicable sanctions or restricted-party prohibitions.
    9. Waiver; Severability; Order of Precedence. A failure to enforce this Agreement is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will continue in effect. An accepted Order controls over this Agreement to the extent of a conflict; the DPA controls with respect to processing Personal Data on Customer's behalf; and, as provided in Section 7, applicable Third-Party Provider Terms control solely with respect to the relevant third-party service or Third-Party Output.
    10. Entire Agreement. This Agreement, together with any accepted Order and the DPA, is the entire agreement between the parties regarding the Service and supersedes all prior or contemporaneous agreements on that subject.