Terms of service
Bloomoptix AI Platform Disclaimers, Terms of Use and Privacy
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1. LIMITED/RESTRICTED LICENSE TO ACCESS/USE PLATFORM, ETC.
Subject to (a) the below definitions, (b) the remaining terms of this Platform-Terms Landing Page, (c) the Terms of Use and (d) the Platform Privacy Policy, BloomOptix grants to you a limited and restricted license to access certain parts of the Platform and to access and use certain of the Platform Functionality/Services. You may not access or use any part of the Platform or any of the Platform Functionality/Services unless and until you have read and agree to be bound by the terms of this Platform-Terms Landing Page and the Terms of Use, and unless and until you have read and acknowledged the Platform Privacy Policy.
2. DEFINITIONS.
For purposes hereof and of the below-incorporated Terms of Use and Platform Privacy Policy (and except if/as context clearly mandates otherwise), the below defined terms shall have the meanings set forth below. Additional defined terms and their respective definitions for purposes hereof and of the below-incorporated Terms of Use and Platform Privacy Policy may be set forth elsewhere herein, in the Terms of Use and/or in the Platform Privacy Policy.
a. “Affiliate” means a direct or indirect parent company of BloomOptix or a direct or indirect wholly or partially owned subsidiary of any such parent company.
b. “BloomOptix” means BloomOptix, LLC, a Limited Liability Company organized and existing under the laws of the state of New York (which entity generally is referred to as “BloomOptix” within this Platform-Terms Landing Page, but (per the below definition of “Ramboll”), as “Ramboll” within the Terms of Use and the Platform Privacy Policy).
c. “Corporate Parent” means BloomOptix’s indirect parent company, Ramboll Group A/S, an entity organized and existing under the laws of Denmark.
d. “Dispute Resolution Forum/Rules” means binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association.
e. “Dispute Resolution Jurisdiction” means the State of New Jersey, United States of America.
f. “Non-Public Access/Fee Schedule” means the Platform pricing information accessible at https://bloomoptix.com/collections/all-products, plus any applicable shipping charges, sales tax and/or similar charges.
g. “Platform” means the BloomOptix AI platform (accessible through https://bloomoptix.com/), together with any and all other applications, websites or similar platforms that are linked to BloomOptix AI platform or to this Platform-Terms Landing Page, or that incorporate either by reference.
h. “Platform Functionality/Services” means the Platform’s functionality and the content, data, information, products, services and/or tools available through, or otherwise related to, the Platform.
i. “Platform-Terms Landing Page” means this BloomOptix AI Platform Disclaimers, Terms of Use and Privacy Landing Page.
j. “Platform Privacy Policy” means the privacy terms, disclosures, etc., located at https://ramboll.com/terms-of-use-and-privacy-policy/standard-platform-policy, as well as those incorporated therein by reference, as may be modified by this Platform Landing Page.
k. “Ramboll” means BloomOptix, LLC, a Limited Liability Company organized and existing under the laws of the state of New York (which entity (per the above definition of BloomOptix) generally is referred to as “BloomOptix” within this Platform-Terms Landing Page, but, as “Ramboll” within the Terms of Use and the Platform Privacy Policy).
l. “Retention Period” means the personal data retention period(s) applicable to the Platform, i.e., two (2) months after your license to use the Platform or any of the Platform Functionality/Services expires.
m. “Terms of Use” means the terms of use located at https://ramboll.com/terms-of-use-and-privacy-policy/standard-online-platform-terms-with-fee-provisions, as may be modified by this Platform Landing Page.
3. DISCLAIMERS.
As part of the Platform and Platform Functionality/Services, (authorized) users are given access to a tool that commonly is referred to as the “BloomOptix AI Application” and that is intended to assist with users’ efforts to monitor certain waterbodies for certain harmful algae blooms more conveniently, more efficiently, more quickly and, in certain cases, more effectively, than though certain more traditional methods for doing so. Using most mobile devices running a reasonably current iOS operating system and a mobile-device-compatible-and-platform-compatible microscope (which, as a courtesy to and convenience for users, can be purchased through the Platform from Aquatic Sensors, Inc. (“Aquatic Sensors”) or ioLight Limited (“ioLight”) or can be purchased directly from Aquatic Sensors or ioLight), and other common water-sampling equipment (like microscope slides), users may collect water samples, create digital images thereof and upload those images and other related field, location and other data/information through/to the BloomOptix AI Application, which (subject to the disclaimers and other terms and conditions stated in this Platform-Terms Landing Page, the Terms of Use and the Platform Privacy Policy, respectively) identifies and counts the presence on those images of certain cyanobacterial cells belonging to six common HAB-producing genera, i.e., (1) Microcystis, (2) Dolichospermum, (3) Aphanizomenon, (4) Woronichinia, (5) Limnoraphis, and (6) Gloeotrichia (the “Target Genera”). Related results (the “Testing Results”) are provided to users via the Platform/Platform Functionality/Services. In addition, certain data/information uploaded through the BloomOptix AI Application is geolocated, linked with weather data, and databased for potential future reference.
Except if, as and to the extent expressly and unequivocally assumed by BloomOptix and/or a BloomOptix Affiliate, respectively, in this Platform-Terms Landing Page, the Terms of Use or the Platform Privacy Policy, neither BloomOptix, nor any of its Affiliates, assumes any duty whatsoever to you or to any other person or entity arising from or related to your or any other person’s or entity’s access to or use of, or otherwise related to, the Platform or Platform Functionality/Services. BloomOptix and its Affiliates expressly disclaim any and all duties beyond those, if any, expressly and unequivocally assumed by them, respectively, in this Platform-Terms Landing Page, the Terms of Use or the Platform Privacy Policy.
Without limiting the foregoing or any other disclaimer or term or condition stated in this Platform-Terms Landing Page, the Terms of Use or the Platform Privacy Policy, by accessing and/or using any part/aspect of the Platform or Platform Functionality/Services, you acknowledge the following:
a. As of the date of this Platform-Terms Landing Page, the BloomOptix AI Application is available only for devices using a reasonably current iOS operating system. A version for reasonably current Android operating systems is in development, but is not yet available.
b. As of the date of this Platform-Terms Landing Page, the BloomOptix AI Application is available only for freshwater waterbodies. A version for marine waterbodies is in development, but is not yet available.
c. The Platform and Platform Functionality/Services cannot be used for any genera other than the Target Genera and will not detect even Target Genera colonies that do not appear large enough (generally greater than one hundred pixels) on a given uploaded image.
d. The Platform and Platform Functionality/Services rely heavily on user-provided data/information and the accuracy and completeness thereof, and also, in turn, on the proper functioning and proper operation of the mobile device, microscope and other (water-sampling or other type of) equipment used to collect and image the subject water samples and to upload the resulting images and related data/information. In turn, BloomOptix and its Affiliates specifically disclaim any and all responsibility whatsoever related to the mobile device, microscope (whether purchased through the Platform from Aquatic Sensors or ioLight – or otherwise) or other equipment used to collect or image the subject water samples or to upload the resulting images or related data/information or otherwise related to user-supplied data/information.
e. As noted above, the BloomOptix AI Application and the remainder of the Platform and Platform Functionality/Services are intended as tools intended to assist with users’ efforts to monitor certain waterbodies for the Target Genera – and the accuracy of Testing Results generally is comparable or better than more traditional methods for testing for the Target Genera. Neither the BloomOptix Application, nor the Testing Results, nor any other part of the Platform or Platform Functionality/Services, however, are free from error or in any way guaranteed/warranted. Testing Results may include false positives and false negatives – and neither BloomOptix nor any of its Affiliates assumes liability or responsibility for such errors or any other error whatsoever related the the Platform or the Platform Functionality/Services – and by using the Platform or the Platform Functionality/Services you agree that neither BloomOptix nor any of its Affiliates shall be liable or responsible to you or any other person or entity for any such errors. As such, any and all access to/use of the Platform and/or any Platform Functionality/Services by you or any other person or entity (other than BloomOptix or one of its Affiliates) is for informational purposes only and on a non-reliance basis. It is the responsibility of the user, and not the responsibility of BloomOptix or of any BloomOptix Affiliate, to determine whether and the extent to which, under the circumstances, (a) the Platform and Platform Functionality/Services are appropriate tools to assist the user to accomplish the user’s objective(s) and (b) the user should use other tools whether originating from BloomOptix, the user or a third party) in conjunction with the Platform and Platform Functionality/Services to accomplish the user(s) objective(s). It also is the responsibility of the user, and not the responsibility of BloomOptix or of any BloomOptix Affiliate, to determine whether and the extent to which the Testing Results provided are material factors, and their weight compared to other factors, in the user’s selection of one course of action over another related to the subject waterbody(ies) and in any other user decision.
f. BloomOptix reserves the right to discontinue your access to/use of the Platform and Platform Functionality/Services (including, without limitation, Platform-related support), in whole or in part, and without notice, at any time in its sole and absolute discretion – and may do so without liability or responsibility whatsoever to you or any third party. BloomOptix also reserves the right to prioritize certain users’ access to/use of the Platform and Platform Functionality/Services (including, without limitation, Platform-related support), in whole or in part, and without notice, at any time in its sole and absolute discretion.
g. BloomOptix reserves the right to update the Platform and Platform Functionality/Services, in whole or in part, and without notice, at any time in its sole and absolute discretion – and may do so without liability or responsibility whatsoever to you or any third party.
In addition to the foregoing disclaimers, any and all access to/use of the Platform and/or any Platform Functionality/Services by you or any other person or entity (other than BloomOptix) also is subject to any and all disclaimers set forth elsewhere herein or in the Terms of Use or Platform Privacy Policy.
4. TERMS AND CONDITIONS.
By accessing and/or using any part/aspect of the Platform or Platform Functionality/Services, you affirm that you are over eighteen (18) years old, and you acknowledge and agree that, by accessing and/or using any of the foregoing, you, individually/personally, and on behalf of any and all other persons and entities on behalf of whom/which you access/use, or purport to access and/or use, the Platform or the Platform Functionality/Services, are entering into a legally binding agreement/contract with BloomOptix consisting of all terms and conditions set forth in or incorporated into this Platform-Terms Landing Page (including specifically, but without limitation, the Terms of Use), and that you and any such other persons or entities understand and agree to comply with and be legally bound by those terms and conditions. Absent a separate written agreement with BloomOptix or a BloomOptix Affiliate that expressly permits (and governs the terms of) use of the Platform and the Platform Functionality/Services otherwise, the Platform and the Platform Functionality/Services are intended for business-to-business or educational use only (and not for consumer use) within and only with respect to waterbodies located within the United States of America and/or Canada. By accessing and/or using any part/aspect of the Platform or Platform Functionality/Services, you affirm that you have accessed/used same and will access/use same in the future only in accordance with the immediately preceding sentence.
Subject to the terms of this Platform Legal/Privacy Landing Page, the Terms of Use and the Platform Privacy Policy, the Terms of Use grant to you public/free access to/use of (i.e., access/use without the need for log-in credentials and without payment) only very limited parts of the Platform and the Platform Functionality/Services (e.g., access to the log-in page and/or other limited Platform locations or functions). As set forth more fully in the Terms of Use, access to/use of other parts of the Platform and the Platform Functionality/Services is/are subject to the non-public access and/or payment terms stated in the Terms of Use and to the Non-Public Access/Fee Schedule (located at https://bloomoptix.com/collections/all-products).
For purposes of the Platform and Platform Functionality/Services, the referenced Terms of Use are modified as follows:
A. The heading of section 6 (“Ownership Rights”) and the text of section 6 following that heading are stricken in their entireties and replaced with the following:
Ownership Rights – Intellectual Property, Data, Etc. Subject only to the very limited rights expressly granted to you above, as between you, on the one hand, and, on the other hand, Ramboll and, to the extent applicable, its third-party licensors (which may include, without limitation, Ramboll’s Affiliates), Ramboll and, to the extent applicable, its third-party licensors reserve(s) all ownership, intellectual property and other rights, title and interest in and to the Platform and Platform Functionality/Services (including, without limitation, the Non-Public/Purchased Platform Content and Functionality), including, but not limited to, any process or software comprising elements of the Platform or Platform Functionality/Services (e.g. source code), derivative works thereof, related work product, algorithms, documentation, licensed materials, as well as anything else developed or delivered by or on behalf of Ramboll.
In addition (and excluding only personal data subject to the Platform Privacy Policy), you hereby grant to Ramboll a worldwide, royalty-free, transferrable, sublicensable, nonexclusive, perpetual, irrevocable license to maintain and use any and all images and other data/information that you upload through/to the BloomOptix AI Application or otherwise to/though the Platform Functionality/Services (“Your Non-Personal Data”) in any manner whatsoever in Ramboll’s sole discretion – and you represent and warrant that you have all right, title and interest necessary to grant that license to Ramboll and that Your Non-Personal Data does not and will not infringe the intellectual property or other rights of Ramboll or any third party, whether under any agreement, applicable law, or otherwise. In turn, you acknowledge that Your Non-Personal Data is not confidential and that Ramboll, in its sole discretion, may grant to others access to/use of Your Non-Personal Data.
In addition, and without limiting the foregoing, you agree that Ramboll and/or persons/entities acting on Ramboll’s behalf may collect statistical and/or other data/information related to or generated by your access to or use of the Platform or Platform Functionality/Services (“Usage Data”) and may use such Usage Data consistent with the privacy disclosures/notices within the Platform Privacy Policy and these Terms of Use, but, otherwise in Ramboll’s sole discretion.
Also without limiting the foregoing, you agree that Ramboll shall have the right to anonymize/de-identify and/or aggregate any and all data/information that you upload through/to the BloomOptix AI Application or otherwise to/though the Platform Functionality/Services or that Ramboll and/or persons/entities acting on Ramboll’s behalf may collect related to or that is generated by your access to or use of the Platform or Platform Functionality/Services and to use and disclose data/information that is anonymized/de-identified and/or aggregated (whether received by Ramboll in anonymized/de-identified and/or aggregated form or later rendered anonymized/de-identified and/or aggregated) for any purposes whatsoever related to Ramboll’s business and/or the business of Ramboll’s Affiliates, including, but not limited to, product development, benchmarking, operations, research and analytical purposes, sale and resale.
As between Ramboll and you, Ramboll shall own all intellectual property rights in anything created/developed by Ramboll utilizing Your Non-Personal Data, Usage Data or any other of your data (as otherwise permitted herein).
Ramboll also shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Platform or Platform Functionality/Services any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the Platform or Platform Functionality/Services.
B. The text of section 8 following the heading “Non-Public Access/Payment Terms” is stricken in its entirety and replaced with the following:
As set forth above and otherwise subject to the entirety of these Terms of Use, these Terms of Use grant to you public/free access to/use of only very limited parts of the Platform and/or the Platform Functionality/Services, i.e., the Public/Free Platform Content and Functionality. Any and all other access to/use of the Platform or Platform Functionality/Services by you is non-public and/or fee-based in accordance with the Non-Public Access/Fee Schedule and the below paragraphs of this section 8 (which, together with the Non-Public Access/Fee Schedule, is referred to in these Terms of Use as the “Non-Public Access/Payment Terms”) – and also subject to the entirety of these Terms of Use (including, without limitation, the below provisions regarding taxes – at section 15). Upon your purchase of access to/use of non-public/fee-based parts of the Platform and Platform Functionality/Services in accordance with the Non-Public Access/Payment Terms, and, again, also subject to the entirety of these Terms of Use, you may access/use (only) those parts of the Platform and/or Platform Functionality/Services that you so purchased (i.e., Non-Public/Purchased Platform Content and Functionality) and the Public/Free Platform Content and Functionality.
Fees payable for access to/use of Non-Public/Purchased Platform Content and Functionality shall be paid for in advance (of any access/use) as directed by/through the Platform (e.g., using credit/debit card, etc.). Please note, as it may not be obvious to you, that, when paying in advance, you may leave the Platform and be directed to a third-party platform to effectuate payment. Your access to/use of that third-party platform application/website is governed by separate terms/conditions to which Ramboll is not a party, and you understand, acknowledge and agree that Ramboll shall have no liability whatsoever to you or to any other person or entity, arising from, directly or indirectly, or otherwise relating to, your use of that, or any other, third-party platform.
You agree to reimburse Ramboll for any and all charges that it may incur if your payment is returned or reversed for insufficient funds or any for other reason and to pay Ramboll interest at a rate of one-and-a-half percent (1.5%) per month on any and all amounts due to Ramboll under or related to these Terms of Use. If Ramboll determines that it is advisable/necessary to engage collection professionals and/or commence collection proceedings (including, without limitation, by commencing formal legal proceedings) to obtain payment on account of any payment(s) due to Ramboll under or related to these Terms of Use, and Ramboll is the substantially prevailing party in such proceedings, you also shall pay Ramboll’s collection costs and costs associated with any such proceedings, including, to the extent applicable, but without limitation, arbitrator fees, reasonable attorneys’ fees and a reasonable fee for the services of Ramboll’s internal resources and its out-of-pocket expenses.
C. The text of section 12 following the heading “Ramboll Use/Disclosure of Platform/Platform Functionality/Services Access/Usage Information; Platform/Platform Functionality/Services Monitoring” is stricken in its entirety and replaced with the following:
Without limiting Ramboll’s rights under section 6 (Ownership Rights – Intellectual Property, Data, Etc.) above, Ramboll reserves the right to monitor the Platform and Platform Functionality/Services to facilitate operation of the Platform and Platform Functionality/Services, to help resolve service requests, to detect and address threats to the functionality, security, integrity and availability of the Platform and/or Platform Functionality/Services, as well as any content, data or applications on or related to the Platform and/or Platform Functionality/Services, to validate your compliance with these Terms of Use, and to detect and address illegal or improper acts or misuse. You agree that Ramboll’s monitoring of the Platform and/or Platform Functionality/Services (including your usage) does not impose any obligation or responsibility on Ramboll to monitor your or any third party’s usage of the Platform and/or Platform Functionality/Services, or otherwise.
D. The following sections 23 through 27 are added after section 22:
23. Reproduction of Materials Generated from the Platform or Platform Functionality/Services. To the extent that you are entitled hereunder to generate any report or other document or material via the Platform or Platform Functionality/Services and/or reproduce same, you shall include all pages thereof, including, without limitation, any cover-page, in their entireties in any and all reproductions of such report or other document or material. In addition, to the extent that any such report or other document or material generated/reproduced includes any logo or trademark of, or other reference to, the Platform or otherwise to Ramboll or a Ramboll Affiliate, you shall include such logo or trademark, or other reference, on, and not remove same from, any reproduction of such report or other document or material. For the avoidance of doubt, and unless otherwise noted herein, all data, images, materials, reports, screenshots, software, text, and other documents and information contained within or generated by the Platform or Platform Functionality/Services (hereinafter “Materials”) are the intellectual property of Ramboll, a Ramboll Affiliate and/or a third party (hereinafter each an “I.P. Holder”), and title to such intellectual property will at all times remain with the I.P. Holder.
24. Open-Source Software. Notwithstanding anything to the contrary in these Terms of Use, any open-source software included as part of the Platform Functionality/Services does not constitute a portion of the Platform Functionality/Services as defined in these Terms of Use and is not licensed under these Terms of Use, but, instead, is subject to the terms of the applicable open-source license. Unless otherwise required pursuant to the terms of an open-source license, Ramboll grants you no right to receive source code to the open-source software. If you are entitled to receive the source code for open-source software from Ramboll for the Platform Functionality/Services, you may obtain the source code at no charge by written request to Ramboll at the EMAIL address provided at the beginning of this Platform-Terms Landing Page. You must abide by and agree to the terms of the applicable open-source software license, or you may not use it.
25. Audit Rights. Upon demand, you shall provide to Ramboll all information that it may reasonably request for the purpose of confirming that your access to/use of the Platform and Platform Functionality/Services is limited to that permitted hereunder and otherwise in accordance and compliance with the rights granted to you hereunder, with the limitations thereon and otherwise with the terms hereof.
26. Refunds. If, at any time during the thirty (30) day period following the date of purchase, you (as the original licensee of the Platform and Platform Functionality/Services) and are not completely satisfied with the Platform and Platform Functionality/Services for any reason, please make no further use of the Platform and Platform Functionality/Services and contact Ramboll at info@bloomoptix.com for information on whether and the extent to which you may be entitled to a full or partial refund and, if so, how to obtain such refund. Please note that such refund may be limited to a portion of the amount paid to Ramboll for access to/use of certain aspects of the Platform and Platform Functionality/Services and may not include the cost of any equipment/hardware, shipping, handling, and any applicable taxes.
27. Developer Program. These Terms of Use do not apply to the Developer Program described at https://bloomoptix.com/pages/developer-program. Rather, that program will be subject to a written contract with Ramboll entered into on a case-by-case basis (which contract may or may not incorporate parts of these Terms of Use).
5. PRIVACY.
IN ADDITION, by accessing and/or using any part of the Platform or Platform Functionality/Services, you, individually/personally, and on behalf of any and all other persons and entities on behalf of whom/which you access/use, or purport to access and/or use, the Platform or the Platform Functionality/Services, acknowledge that you have read and understand the Platform Privacy Policy, including, any and all policies, statements, terms, disclosures, etc., that may be incorporated therein by reference, whether related to privacy or otherwise, such as, for example, any general privacy policies, statements, terms, disclosures, etc., of BloomOptix and its Affiliates, including its Corporate Parent (like those set forth at https://ramboll.com/legal-information), and any jurisdiction-specific privacy policies, statements, terms, disclosures, etc., (like those made pursuant to or otherwise related to the European Union General Data Protection Regulation or the California Consumer Privacy Act), whether generally applicable, applicable only to citizens/residents of the subject jurisdiction or otherwise.
Please note, however, that:
a. where general privacy policies, statements, terms, disclosures, etc., that are incorporated by reference into the Platform Privacy Policy conflict with information set forth elsewhere that is specific to the Platform, such as, for example, within the text of the Platform Privacy Policy page itself, the latter shall govern;
b. where jurisdiction-specific privacy policies, statements, terms, disclosures, etc., that are set forth within or incorporated by reference into the Platform Privacy Policy conflict with other information set forth within or incorporated into the Platform Privacy Policy, then, as to citizens/residents of a given jurisdiction, and those whose relevant rights otherwise are governed by the privacy laws of the subject jurisdiction, the subject jurisdiction-specific privacy policies, statements, terms, disclosures, etc., shall govern; and
c. information set forth within or incorporated by reference into the Platform Privacy Policy may not apply to other applications, websites and platforms of BloomOptix and its Affiliates.
In addition, please note that, to the extent the Platform or Platform Functionality/Services link to third-party applications, websites or other platforms, BloomOptix and its Affiliates are not responsible for the content, privacy practices, etc., of such third-party applications, websites or other platforms. BloomOptix encourages users to be aware when they leave the Platform or Platform Functionality/Services and to read the terms of use, privacy statements, etc., of any other application, website or other platform that collects information.
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Version |
Published |
Summary of Changes |
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1.0 |
1st June 2023 |
n/a |