Website, Mobile App, and Services Terms of Use

Effective Date: January 1, 2026 | Last Modified: September 12, 2026 | Version 3.1

1. Acceptance of Terms

These Terms of Use ("Terms") are entered into by and between you and Bottle Blue LLC ("Bottle Blue," "we," "us," or "our"). The following terms and conditions govern your access to and use of:

Our website at https://bottlebluellc.com (the "Website");
Our mobile application(s) (the "Mobile App");
Our newsletter and email communications;
Our software-as-a-service products, APIs, and developer tools (collectively, the "Services");
Any AI-powered or automated features offered through the foregoing platforms.

Please read these Terms carefully before using any of our Services. By accessing or using the Website, Mobile App, or any other Service, you accept and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, you must immediately cease using our Services.

2. Eligibility

Our Services are offered and available only to users who are 18 years of age or older and can form legally binding contracts under applicable law. By using our Services, you represent and warrant that:

You are at least 18 years of age;
You have the legal capacity and authority to enter into these Terms;
Your use of the Services does not violate any applicable law or regulation;
You are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties; and
If you are accessing the Services on behalf of a business entity, you have authority to bind that entity to these Terms.

We reserve the right to refuse service to any person or entity at our sole discretion, without notice, for any or no reason.

3. Changes to These Terms

We reserve the right to revise and update these Terms at any time at our sole discretion. For material changes, we will provide notice through one or more of the following methods: email notification (if you have a registered account), a prominent notice on the Website, or a revised "Last Modified" date at the top of this page.

Changes are effective when posted unless we specify a later effective date. Your continued use of any Service following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using our Services. We encourage you to review this page regularly.

4. Description of Services

These Terms govern all Bottle Blue LLC products, including without limitation Bottle Blue (app.bottlebluellc.com), Apparatus Ready (apparatusready.com), Trackless (trackless.io), PocketQuant (pocketquant.io), Aqua Botany (aquabotany.com), Bottle API (bottleapi.com), and our mobile applications, together with any product we release later. Some sections of these Terms apply only to particular products, as marked. The specific features, functionality, and availability of each Service are described on the applicable product pages and may change from time to time.

We reserve the right to modify, suspend, discontinue, or restrict access to all or any portion of the Services at any time, without notice, and without liability to you. We are not responsible for any loss or damage resulting from unavailability of the Services.

5. Account Registration and Security

Certain Services require you to register for an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate and current.

You are solely responsible for:

Maintaining the confidentiality of your credentials (username, password, API keys, tokens, and any other authentication factors);
All activity that occurs under your account, whether or not authorized by you;
Immediately notifying us at support@bottlebluellc.com of any unauthorized access, breach, or suspected compromise of your account;
Ensuring you log out from your account at the end of each session on shared or public devices;
Enabling and maintaining any multi-factor authentication options we make available to you.

We will not be liable for any loss or damage arising from your failure to protect your account credentials. We may, at our sole discretion, suspend or terminate any account if we believe credentials have been compromised, if the account has been used in violation of these Terms, or if required by a judicial or governmental order.

You may not sell, transfer, or sublicense your account or credentials to any third party without our prior written consent.

6. Intellectual Property Rights

The Website, Mobile App, and all Services-including their entire contents, features, and functionality (including, without limitation, all information, software, source code, compiled code, text, displays, images, video, audio, data compilations, models, algorithms, and the design, selection, and arrangement thereof)-are owned by Bottle Blue LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services solely for your own internal purposes, whether personal or business, and, where you hold an account on behalf of an organization, for that organization's internal business purposes, in accordance with these Terms. This license does not include the right to:

Reproduce, distribute, publicly display, or publicly perform any content from our Services;
Modify, translate, adapt, or create derivative works;
Scrape, extract, harvest, or systematically collect data, content, or outputs from our Services by any means (automated or manual);
Use outputs, data, or content from our Services to train, fine-tune, benchmark, or improve any machine learning model, large language model, or artificial intelligence system;
Reverse engineer, decompile, disassemble, or attempt to derive source code or underlying algorithms from any part of our Services;
Remove, circumvent, or defeat any digital rights management, encryption, security, or access control mechanism.

You may print or download a single copy of a reasonable number of pages from our Website for personal, non-commercial reference only, provided you do not remove any copyright, trademark, or other proprietary notices. No right, title, or interest in or to the Services or any content therein is transferred to you, and all rights not expressly granted are reserved by Bottle Blue LLC.

To request permission for any use beyond the limited license above, please contact: support@bottlebluellc.com.

7. Trademarks

"Bottle Blue," "Bottle Blue LLC," the Bottle Blue logo, and all related product names, service names, taglines, slogans, and designs are trademarks or service marks of Bottle Blue LLC or its affiliates. You must not use such marks without the prior express written permission of Bottle Blue LLC.

All other trademarks, service marks, logos, and trade names appearing on or through our Services are the property of their respective owners and are used solely for identification purposes. Any mention of third-party trademarks does not imply sponsorship, affiliation, or endorsement.

Third-party names appear in our Services descriptively, to say honestly what our Services help you study or prepare for. National Registry of Emergency Medical Technicians and NREMT are trademarks of the National Registry of Emergency Medical Technicians. CPAT and Candidate Physical Ability Test are the property of the International Association of Fire Fighters and the International Association of Fire Chiefs. Other names, including those of certifying bodies, standards organizations, fire service associations, and news publishers, are the property of their respective owners.

Bottle Blue LLC is independent. Our Services are developed independently and are not affiliated with, endorsed by, sponsored by, licensed by, or approved by any of these organizations, and no reference to them should be read to suggest otherwise. If you own a mark used in our Services and believe the use is improper, write to support@bottlebluellc.com.

You may not use Bottle Blue's name, trademarks, or branding in any manner that could cause confusion, suggest endorsement, or disparage our company or products.

8. AI-Powered Features and Automated Tools

Certain Services may incorporate artificial intelligence, machine learning, large language models, or other automated analytical tools ("AI Features"). By using AI Features, you acknowledge and agree to the following:

8.1 Nature of AI Outputs

AI Features generate outputs that are probabilistic and may contain errors, omissions, hallucinations, or inaccuracies. AI-generated content, analyses, suggestions, summaries, or recommendations are provided for informational and exploratory purposes only. They do not constitute professional, financial, legal, medical, tax, or investment advice, and you should not rely on them as a substitute for qualified professional judgment.

8.2 No Guarantee of Accuracy

We do not warrant the accuracy, completeness, timeliness, or fitness for any particular purpose of any AI-generated output. AI models may reflect biases present in training data or produce outputs inconsistent with current facts.

8.3 Prohibited AI Uses

You must not use AI Features to:

Generate content intended to deceive, defraud, harass, defame, or harm any individual or entity;
Create or distribute synthetic media (deepfakes) without the informed consent of individuals depicted;
Circumvent safety systems, bias mitigations, or content policies;
Engage in unauthorized scraping or data extraction at scale;
Violate applicable AI governance regulations, including any regulations enacted under the EU AI Act or equivalent frameworks applicable to you.

8.4 Intellectual Property in AI Outputs

To the extent AI-generated outputs constitute works potentially eligible for copyright protection, we make no representation regarding the ownership or protectability of such outputs. You are solely responsible for assessing the IP status of AI-generated content before using it commercially or publicly.

8.5 Human Oversight

We strongly encourage you to apply independent human review and professional judgment before acting on any AI-generated output, particularly for decisions involving financial, legal, health, or safety consequences.

9. API Access and Developer Terms

If you access our Services through an application programming interface ("API"), the following additional terms apply:

9.1 API License

Subject to these Terms and any separate API License Agreement you execute with us, we grant you a limited, non-exclusive, non-transferable, revocable license to access our API solely to develop, test, and operate your own application or integration in connection with our Services ("Developer Application").

9.2 API Use Restrictions

You may not resell, sublicense, or commercialize API access independent of your Developer Application. Charging your own users for access to your Developer Application, including by subscription, is permitted;
You may not provide data obtained from the API to your users through an API, feed, export, download, webhook, or other machine-readable interface, or otherwise enable them to obtain it other than by using your Developer Application, except on the Enterprise plan;
You may not use the API, or data obtained from it, to develop or operate a service that offers data access in competition with ours;
You may not cache, mirror, or archive bulk data from our Services, or deliver bulk copies of it to your end users, except on the Enterprise plan. Short-lived caching of individual responses in the ordinary operation of your Developer Application is permitted;
You must comply with all rate limits, quotas, and technical specifications we publish. Limits are enforced per minute and per day, and the published figures are authoritative. Sustained use above the published allowance of your plan requires the Enterprise plan, or a custom plan if you need more than the Enterprise allowance;
You must display the attribution specified in our API documentation wherever data obtained from the API is shown. Attribution required by an originating source is additional to ours, not satisfied by it;
API credentials are account-specific and may not be shared or distributed.

9.3 Enterprise and Custom Plans

Bulk access, caching and mirroring rights, and permission to provide API access to your own end users are included in the Enterprise plan, which you can purchase directly from your account and which is governed by these Terms. Volume or rate limits above the Enterprise plan's published allowance are arranged individually as a custom plan. Where a custom plan agreement and these Terms conflict, that agreement governs for the subject it addresses, and it may also vary or waive the attribution requirement in writing. To discuss a custom plan, contact support@bottlebluellc.com.

9.4 API Modifications

We may modify, deprecate, or discontinue any API endpoint, version, or feature at any time. We will attempt to provide reasonable advance notice of breaking changes, but are not obligated to do so.

9.5 API Liability Limitation

We are not liable for any damages arising from your reliance on API availability, API data accuracy, or API-generated outputs in your Developer Application or downstream products.

10. No Financial, Business, Legal, or Professional Advice

By using the Website, Mobile App, or any Services, you acknowledge and agree that all content, data, analytics, AI-generated outputs, and other materials published on or through our Services are for informational and general educational purposes only and do not constitute financial, investment, business, legal, accounting, tax, medical, or other professional advice.

Bottle Blue LLC is not a registered investment adviser, broker-dealer, financial planner, certified public accountant, attorney, or licensed professional of any kind. Nothing on our Services constitutes a solicitation, endorsement, or recommendation to buy, sell, or hold any asset, security, product, or service.

Bottle Blue LLC is not a fiduciary and will not have any fiduciary duties to you or any third party by virtue of your use of the Services. You should seek advice from a qualified, licensed professional before making any significant financial, business, legal, or other decision.

Views or opinions expressed through our Services represent the views of their respective authors and do not necessarily represent the position of Bottle Blue LLC. You should conduct your own independent research and due diligence before relying on any information obtained through our Services.

By accessing and using our Services, you agree not to hold Bottle Blue LLC, its affiliates, officers, directors, employees, agents, or licensors liable for any claim for damages arising from any decision or action taken in reliance on information obtained through our Services.

10A. Physical Training, Fitness Content, and Assumption of Risk

Some of our Services, including Apparatus Ready, describe, encourage, and record strenuous physical training, including training in full firefighting turnout gear and on tasks meant to simulate the Candidate Physical Ability Test. This training carries a real risk of serious injury, heat illness, cardiac events, and death.

You represent that you are physically able to take part in strenuous exercise and that you have consulted a physician about whether this training is appropriate for you. Bottle Blue LLC does not assess your health, your fitness, or your readiness, and nothing in the Services is a medical clearance to exercise.

Do not train in gear alone. Build up gradually. Stop and seek medical attention if you feel pain, chest tightness, dizziness, or shortness of breath.

You take part in any training described or recorded through the Services voluntarily and entirely at your own risk, and you assume that risk.

To the fullest extent permitted by law, you release Bottle Blue LLC and its officers, employees, and agents from any claim for injury, illness, disability, or death arising out of training you undertake in reliance on the Services. Nothing in this section limits any liability that cannot be limited under applicable law, including liability for death or personal injury caused by our own negligence where the law does not permit that limitation.

10B. Emergency Medical, Rescue, and Public Safety Content

Some of our Services contain reference material on CPR, patient assessment, rescue knots, and other emergency medical and fire service topics, along with practice questions and clinical rationales.

This material is study material for people in training. It is not medical direction, medical advice, a clinical protocol, or a substitute for your own training and certification.

Bottle Blue LLC is not a medical provider, is not an accredited training institution, employs no medical director, and provides no medical oversight of any kind.

Emergency medicine changes. Guidelines are revised, protocols differ between services and between states, and material in the Services may be out of date or wrong for your jurisdiction. You are responsible for checking anything you intend to act on against a current, authoritative source.

10C. No Guarantee of Examination, Certification, Licensure, or Employment Outcomes

Practice questions, practice examinations, adaptive examinations, readiness scores, progress indicators, streaks, personal records, and all similar features are study tools.

No result produced by the Services is an official score, a prediction of an official score, or a guarantee of any outcome.

Our questions are written by us from publicly published exam standards and do not reproduce actual examination items. Any passing standard or readiness figure shown to you is ours, set for study purposes, and is not any examining body's standard. We have no access to any examining body's item bank, scoring, or results.

Bottle Blue LLC does not guarantee, and makes no representation, that using the Services will cause you to pass any examination, to obtain or keep any certification or license, to be hired, to be promoted, or to meet any employer's, department's, or agency's requirements. Eligibility and passing standards are set by the relevant examining body, licensing authority, or employer, and can change at any time without notice to us.

11. Prohibited Uses

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

In any way that violates any applicable federal, state, local, or international law or regulation;
To engage in unauthorized data collection, scraping, harvesting, or extraction of any kind;
To use any robot, spider, crawler, scraper, or other automated tool or process to access, index, or copy any content from our Services without our express written authorization;
To use outputs, data, or materials from our Services to train, develop, improve, or benchmark any artificial intelligence, machine learning, or automated decision system without our express written authorization;
To transmit, distribute, or upload any unsolicited commercial communications (spam), phishing content, or malicious code;
To introduce any viruses, trojan horses, worms, ransomware, logic bombs, adware, spyware, or other harmful or disruptive software or code;
To attempt to gain unauthorized access to, interfere with, or disrupt any part of our Services, their underlying infrastructure, servers, databases, or networks;
To launch or facilitate any denial-of-service attack, distributed denial-of-service attack, or other network attack against our Services;
To circumvent, bypass, or disable any access control, security measure, digital rights management system, or technical safeguard;
To impersonate or attempt to impersonate Bottle Blue LLC, a Bottle Blue employee, another user, or any other person or entity;
To facilitate or enable account sharing, credential stuffing, or unauthorized multi-user access to single-user subscriptions;
To use our Services in connection with the development of competing products or services without our express written consent;
To engage in any other conduct that, in our reasonable judgment, restricts or inhibits any person's use or enjoyment of the Services, or that may harm us, our users, or our reputation.

Violation of the above may result in immediate termination of your account and access, without notice or refund, and may expose you to civil or criminal liability. We reserve the right to investigate and cooperate with law enforcement authorities regarding any suspected violations.

12. User-Generated Content and Submissions

Certain Services may allow you to submit, post, or transmit content, feedback, data, prompts, or other materials ("User Content"). By submitting User Content, you represent and warrant that:

You own or have obtained all necessary rights and permissions to submit and authorize us to use the User Content;
The User Content does not violate any third-party intellectual property rights, privacy rights, or applicable law;
The User Content does not contain any personally identifiable information of third parties without their consent.

You retain ownership of your User Content. However, by submitting User Content, you grant Bottle Blue LLC a worldwide, royalty-free, non-exclusive license to use, reproduce, process, display, and transmit such User Content solely to the extent necessary to operate and improve our Services, consistent with our Privacy Policy.

You may delete your User Content at any time through the Services. The license you grant us ends when you delete the content or close your account, except for copies held in routine backups for a limited period, content you have shared into a workspace or organization that other members still hold, and anything we must keep to comply with law or to resolve a dispute. We will not continue to display your content publicly after you delete it.

Organizations. Where a Service supports shared workspaces or organizations, content you submit into one may remain visible to the other members of that organization after you leave it, and an administrator may be able to export or delete it. Do not put anything into a shared workspace that you are not willing for that organization to keep.

We do not endorse any User Content and are not responsible for the accuracy, quality, or legality of any User Content. We reserve the right to remove any User Content at any time at our sole discretion.

You may not submit User Content that: is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy; promotes discrimination, bigotry, racism, or violence; infringes any patent, trademark, trade secret, copyright, or other proprietary right; or contains unsolicited advertising or spam.

12A. Copyright Complaints

We respect copyright. If you believe material available through our Services infringes your copyright, tell us and we will act on it.

Send your complaint to support@bottlebluellc.com, or to Bottle Blue LLC, Attn: Copyright Complaints, 415 3rd Street SW, Montgomery, MN 56059, United States. Please include:

Your name and contact details;
Identification of the work you say is infringed;
Identification of the material and where it appears in our Services;
A statement that you believe in good faith that the use is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in your complaint is accurate, and that you are the owner of the right or are authorized to act on the owner's behalf.

We will review every complaint we receive, remove or disable material where that is the right outcome, and tell the user who submitted it so they can respond. If you believe we removed your material in error, write to the same address and we will reconsider. We terminate the accounts of repeat infringers.

13. Subscription Terms and Billing

13.1 Subscription Plans

Certain Services are available only through paid subscriptions. By selecting a subscription plan, you agree to pay all applicable fees for the term and renewal period you select. Subscriptions confer only a limited license to access the applicable Services and do not transfer any ownership rights.

13.2 Auto-Renewal

Unless you cancel before the end of your current billing period, your subscription will automatically renew at the then-current price for an equivalent term. You authorize us (or our payment processor) to charge your payment method on each renewal date. Renewal charges will be at the rate in effect at the time of renewal; we will notify you of price changes at least thirty (30) days in advance.

13.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at support@bottlebluellc.com. Cancellation takes effect at the end of the current billing period; you will retain access through that date. We do not provide refunds for partial billing periods, except where required by applicable law or as otherwise stated in a separate refund policy.

13.4 Accepted Payment Methods

We accept major credit and debit cards (Visa, Mastercard, American Express, Discover/Diners), and such other payment methods as we may make available from time to time (which may include ACH, Apple Pay, Google Pay, and similar methods). Payment processing is handled by our third-party payment processor (currently Stripe). By providing payment information, you represent and warrant that: (i) the payment information is accurate and complete; (ii) you are authorized to use the payment method; and (iii) charges incurred will be honored by your financial institution.

13.5 Taxes

Subscription prices do not include applicable sales, use, value-added, goods and services, or other taxes or duties. You are responsible for all such taxes unless we are required to collect them from you under applicable law, in which case we will add them to your invoice.

13.6 Failed Payments and Suspension

If a payment fails, we may retry the charge, notify you, and ultimately suspend or terminate your access to paid Services until outstanding amounts are resolved. Outstanding balances bear interest at 1.5% per month (or the maximum rate permitted by law, whichever is less) from the due date.

13.7 Free Trials

We may offer free trials at our discretion. At the end of a free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends. We reserve the right to limit free trials to one per user or organization.

14. Digital Products and Downloads

If you purchase or download digital products (including data sets, templates, models, reports, or software) through our Services:

All sales of digital products are final, unless otherwise stated at the point of purchase or required by applicable law;
Digital products are licensed, not sold. Your license is personal, non-transferable, and non-sublicensable, and is limited to the scope described at purchase;
You may not redistribute, resell, reverse engineer, or use digital products to develop competing products;
Bottle Blue LLC does not guarantee the accuracy or completeness of data products; you are responsible for validating data before use in any decision or application;
We may update or replace digital products at any time. We are not obligated to provide updated versions unless expressly stated in your subscription or license terms.

15. Reliance on Information Posted

All information presented on or through our Services is provided for general informational purposes only. Due to factors including data source limitations, processing latency, and market conditions, content may be lagged, incomplete, outdated, or otherwise inaccurate. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other person.

Our Services may include content, data, or analyses provided or generated by third parties, including licensors, aggregators, or automated systems. We do not verify and are not responsible for the accuracy or completeness of third-party content.

Past performance information, projections, estimates, or scenario analyses provided through our Services are illustrative only and are not predictive of future results.

16. Third-Party Links and Services

Our Services may contain links to websites, applications, or resources operated by third parties. These links are provided for your convenience only. We have no control over the content, practices, or policies of third-party sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Accessing third-party resources is entirely at your own risk and subject to those third parties' terms and policies.

Any integrations, plugins, or third-party services you connect to our Services are governed by the respective third parties' terms. We are not responsible for the availability, accuracy, or security of third-party integrations.

Links to or from our Services do not constitute an endorsement, sponsorship, or recommendation of the linked entity, its products, or its services.

16A. News Headlines and Third-Party Content

Some Services display headlines and links to news articles, reports, and other material published by third parties. For these features:

We display a headline, the publisher's name, a publication date, and a link. We do not store, copy, or display the text of any article, and we do not host publisher images or video;
Every story opens on the publisher's own website. Once you leave, you are subject to that publisher's terms and privacy policy, not ours;
Headlines and the articles behind them are the property of the publishers who wrote them. Nothing in our presentation of a headline is a claim of ownership;
Including a headline is not an endorsement. We do not select, verify, correct, or vouch for what any publisher reports, and we take no responsibility for the accuracy, completeness, or lawfulness of third-party reporting, or for anything you do in reliance on it;
Feeds are gathered automatically and may be incomplete, delayed, duplicated, or wrong. Do not treat them as an operational or emergency information source.

Publishers: if you want a headline or link removed, write to support@bottlebluellc.com with the headline and URL and we will remove it promptly.

17. Linking to Our Platforms

You may link to our homepage in a manner that is lawful, fair, and not damaging to our reputation. You must not:

Frame or inline-link to any page of our Services without our express written consent;
Suggest any form of association, affiliation, sponsorship, or endorsement by Bottle Blue LLC without our consent;
Link from any website containing unlawful, harmful, or objectionable content;
Use our content, logos, or screenshots on any third-party platform without permission.

We reserve the right to revoke linking permission at any time without notice.

18. Geographic Restrictions

Bottle Blue LLC is based in the State of Minnesota, United States. Our Services are intended primarily for users in the United States, the European Economic Area, the United Kingdom, and Canada. We make no representation that our Services are lawful or appropriate for use outside these regions.

If you access our Services from outside these regions, you do so on your own initiative and are solely responsible for compliance with all local laws and regulations, including those relating to data protection, financial services, and electronic commerce. We may restrict access from any jurisdiction at any time at our discretion.

You represent and warrant that you are not subject to applicable export control laws, sanctions, or embargoes that would prohibit your use of our Services.

19. Electronic Communications

By creating an account or subscribing to our Services, you consent to receiving electronic communications from us, including via email, push notification, in-app message, or website notice. You agree that such electronic communications satisfy any legal requirement that communications be in writing.

Transactional and account-related communications (such as billing notices, security alerts, and Terms updates) are not subject to marketing opt-out, as they are necessary for our contractual relationship. You may opt out of marketing communications as described in our Privacy Policy or via the unsubscribe mechanism in any marketing email.

20. Privacy and Data

All information we collect in connection with your use of our Services is subject to our Privacy Policy. By using our Services, you consent to all processing activities described therein. Our Privacy Policy is incorporated into these Terms by reference.

21. Disclaimer of Warranties

Your use of our Services is at your sole risk. The Services are provided on an "as is" and "as available" basis, without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, completeness, security, or uninterrupted availability.

Bottle Blue LLC does not warrant that: (a) the Services will meet your requirements; (b) the Services will be available, uninterrupted, timely, secure, or error-free; (c) any information obtained through the Services will be accurate or reliable; (d) defects in the Services will be corrected; or (e) any files available for download will be free of viruses or other harmful components.

Bottle Blue LLC makes no warranty that data sets, analytics, AI-generated outputs, or any other content or product obtained through the Services will produce any particular result, outcome, return, or performance if relied upon for any purpose.

You are responsible for implementing appropriate security measures, including anti-virus software, firewalls, and data backup procedures, on your own systems.

The foregoing disclaimers do not affect any warranties that cannot be excluded or limited under applicable law.

22. Limitation on Liability

To the maximum extent permitted by applicable law, in no event will Bottle Blue LLC, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of revenue, loss of profits, loss of business or anticipated savings, loss of data, loss of goodwill, or business interruption, arising out of or in connection with: (a) your access to or use of, or inability to access or use, the Services; (b) any content, data, information, or outputs obtained through the Services; (c) unauthorized access to or alteration of your transmissions or data; or (d) any other matter relating to the Services, regardless of the legal theory and whether or not Bottle Blue LLC has been advised of the possibility of such damages.

In no event will Bottle Blue LLC's total cumulative liability to you for any claims arising out of or related to these Terms or the Services exceed the greater of: (a) the total amounts paid by you to Bottle Blue LLC in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such jurisdictions, the limitations above will apply to the fullest extent permitted by law.

The foregoing limitation of liability does not affect any liability that cannot be excluded or limited under applicable law.

23. Indemnification

You agree to defend, indemnify, and hold harmless Bottle Blue LLC, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, successors, and assigns (collectively, "Indemnitees") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to:

Your violation of these Terms;
Your use of the Services in a manner not authorized by these Terms;
Your User Content;
Your violation of any applicable law, regulation, or third-party right (including intellectual property rights, privacy rights, or consumer protection laws);
Any actual or alleged infringement by your Developer Application (if applicable) of any third-party intellectual property or privacy rights; or
Any fraud or misrepresentation by you.

We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of any such claims.

24. Force Majeure

We will not be liable for any failure or delay in the performance of our obligations under these Terms arising from causes beyond our reasonable control, including without limitation: acts of God, natural disasters, pandemic or epidemic events, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, infrastructure failures, cyberattacks, internet or telecommunications outages, power failures, labor disputes, governmental restrictions, or changes in law.

In the event of a force majeure, we will use commercially reasonable efforts to resume performance as soon as practicable and will provide notice of the event and anticipated duration where feasible.

25. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to them or our Services shall be governed by and construed in accordance with the laws of the State of Minnesota, United States, without giving effect to any choice of law or conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For matters not subject to arbitration under Section 26 (including injunctive or equitable relief), you and Bottle Blue LLC each submit to the exclusive personal jurisdiction of the federal and state courts located in the State of Minnesota. You waive all objections to venue and personal jurisdiction in such courts.

Nothing in these Terms limits our right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property or confidential information.

26. Dispute Resolution and Arbitration

26.1 Informal Resolution

Before initiating arbitration, you agree to first contact us at support@bottlebluellc.com and provide a written description of the dispute, your desired resolution, and your contact information. We will attempt in good faith to resolve the dispute within thirty (30) days of receipt.

26.2 Binding Arbitration

If the parties are unable to resolve a dispute through the informal process, you and Bottle Blue LLC agree that any and all claims, disputes, or controversies arising out of or relating to these Terms or the Services (except as provided below) will be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (for consumer disputes) or Commercial Arbitration Rules (for commercial disputes), as applicable and as modified by this Section. The arbitration will be conducted in Hennepin County, Minnesota, unless you and we agree otherwise in writing. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

26.3 Exceptions to Arbitration

Either party may pursue the following in court without first engaging in arbitration:

Claims qualifying for small claims court in your jurisdiction, provided the matter remains in small claims court;
Applications for injunctive or other equitable relief to protect intellectual property rights or to prevent irreparable harm;
Claims by Bottle Blue LLC for unpaid subscription fees.

26.4 Class Action Waiver

You and Bottle Blue LLC each agree to bring claims against the other only in your individual capacity, not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement in this Section 26 will be null and void, and the parties will resolve disputes exclusively in the courts specified in Section 25.

26.5 Arbitration Fees

AAA filing fees will be allocated in accordance with applicable AAA rules. We will pay our portion of arbitration fees as required by applicable rules. If an arbitrator determines that your claim was frivolous or brought in bad faith, you may be required to pay our reasonable attorneys' fees and costs.

26.6 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to support@bottlebluellc.com within thirty (30) days of first accepting these Terms. Your notice must state your full name, email address, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provisions of these Terms.

26.7 Survival

This Section 26 survives any termination of your account or these Terms.

27. Limitation on Time to File Claims

Any cause of action or claim arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues. After that period, such cause of action or claim is permanently barred.

28. Waiver and Severability

No failure by Bottle Blue LLC to enforce any right or provision of these Terms shall constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Bottle Blue LLC.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect.

29. Entire Agreement

These Terms, together with our Privacy Policy and any separate API License Agreement, subscription order form, or product-specific terms you have agreed to, constitute the entire agreement between you and Bottle Blue LLC with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

Section headings are for convenience only and do not affect the interpretation of these Terms. "Including" means "including without limitation." References to "days" mean calendar days unless otherwise stated. These Terms do not create any joint venture, partnership, employment, or agency relationship between you and Bottle Blue LLC.

We may assign these Terms or any of our rights or obligations hereunder without your consent. You may not assign or transfer these Terms or your rights hereunder without our prior written consent, and any such attempted assignment is void.

30. Contact Information

These Services are operated by:

Bottle Blue LLC
415 3rd Street SW
Montgomery, MN 56059
United States
Email: support@bottlebluellc.com
Website: https://bottlebluellc.com

Our only official email addresses are no-reply@bottlebluellc.com and support@bottlebluellc.com. Email about Bottle Blue LLC from any other address is not from us.

For legal notices, please send correspondence to the address above marked "Attn: Legal Department." For general support, feedback, or technical questions, please email support@bottlebluellc.com.