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Terms of Service

Last updated: 1 January 2026

These Terms of Service (“Terms”) govern your access to and use of the website and any loyalty and engagement platform provided and managed by BLU Software (Pty) Ltd, a company registered in South Africa (“BLU”, “we”, “us”). By using our website or platform, you agree to these Terms. If you are agreeing on behalf of a business, you confirm you have authority to bind that business.

1. Our Services

BLU designs, configures, brands and manages a customer loyalty and engagement platform on behalf of client businesses (“Clients”) in the hospitality industry. BLU is not the customer-facing brand experienced by a Client's end customers. The platform is white-labelled to the Client.

2. Client Accounts

Client managers and staff are responsible for maintaining the confidentiality of their login credentials and for all activity that occurs under their account. Notify us immediately at hello@goblu.tech if you suspect unauthorised access to your account.

3. Fees & Payment

Use of the BLU platform is subject to setup fees, monthly subscription fees and any optional module fees agreed at the time of onboarding, as set out on our Pricing page or in a signed agreement. Fees are billed in advance and are non-refundable except as required by law or expressly agreed by BLU. Late payment may result in suspension of access to the platform.

4. Client Responsibilities

  • Provide accurate business and branding information for platform configuration.
  • Ensure staff use the platform in accordance with these Terms and our Acceptable Use Policy.
  • Obtain any consents required from end customers for the collection and use of their data via the platform, and ensure marketing communications sent through the platform comply with applicable law.

5. Intellectual Property

BLU retains all rights, title and interest in the underlying platform software. Clients retain all rights to their brand assets, trademarks and customer data submitted through the platform. BLU is granted a limited licence to use Client branding solely to operate the Client's platform.

6. Service Availability

We aim to maintain high platform availability but do not guarantee uninterrupted access. Planned maintenance will be communicated in advance where reasonably possible.

7. Disclaimers

The website and platform are provided “as is” and “as available”. To the maximum extent permitted by law, BLU disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Illustrative figures shown on our website (such as example metrics) are for demonstration purposes only and are not a guarantee of results for any specific venue.

8. Limitation of Liability

To the maximum extent permitted by law, BLU will not be liable for any indirect, incidental, special or consequential damages, or for loss of profits, revenue or data, arising out of these Terms or use of the platform. BLU's aggregate liability arising from these Terms or use of the platform will not exceed the fees paid by the Client in the twelve months preceding the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

9. Indemnification

Each Client agrees to indemnify and hold BLU harmless from claims, losses and expenses arising from the Client's misuse of the platform, breach of these Terms, or failure to obtain required consents from its end customers.

10. Termination

Either party may terminate a services agreement in accordance with the notice period set out in the applicable agreement. BLU may suspend or terminate access immediately for a material breach of these Terms, including a breach of our Acceptable Use Policy. Upon termination, BLU will provide a reasonable period for the Client to export their data before deletion, as described in our Data Processing page.

11. Governing Law & Disputes

These Terms are governed by the laws of South Africa, without regard to conflict of law principles. The parties will first attempt to resolve any dispute in good faith; unresolved disputes are subject to the exclusive jurisdiction of the courts of South Africa, unless the applicable services agreement provides otherwise.

12. General

  • Force majeure: Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control.
  • Assignment: A Client may not assign its rights under these Terms without BLU's consent. BLU may assign these Terms in connection with a merger, acquisition or sale of assets.
  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
  • Entire agreement: These Terms, together with any signed services agreement, constitute the entire agreement between the parties regarding the platform.

13. Changes to These Terms

We may update these Terms from time to time. Continued use of the website or platform after changes take effect constitutes acceptance of the revised Terms.

14. Contact Us

Questions about these Terms can be directed to hello@goblu.tech.