Terms of Service

Last updated: March 3, 2026

1. General Provisions and Scope of Application

1.1 BLUEMARLIN VENTURES SL, with VAT number ESB27665173, registered at Avenida de San Anton 37, 29018 Malaga, Spain (hereinafter referred to as "BlueMarlin"), is the provider of the platform "BlueMarlin", which enables businesses (hereinafter referred to as "Users") to communicate with their customers and other contacts (hereinafter referred to as "Customers") via the WhatsApp Business Platform, and to manage customer communication centrally through a web interface (hereinafter referred to as the "Platform").

1.2 These General Terms and Conditions (hereinafter referred to as the "Terms") apply to the use of the Platform. By registering for or using the Platform, the User agrees to be bound by these Terms.

1.3 The Platform is directed exclusively at Users acting in the course of business and not at consumers. A consumer within the meaning of these Terms is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity. By making use of the Platform, the User declares that they are an entrepreneur and not a consumer. The use of the Platform by consumers is not permitted.

1.4 Agreements concerning specific services or areas of service (including the Data Processing Agreement, the Privacy Policy, and any order forms) shall form part of the contract with the Users and shall take precedence in the event of any conflict with these Terms.

1.5 The application of the User's own general terms and conditions is excluded. Deviating, conflicting, or supplementary general terms and conditions of the User shall only become part of the contract if and to the extent that BlueMarlin has expressly agreed to their validity in writing.

2. Subject Matter of the Contract and Platform Functionalities

2.1 Through the Platform, the User has the possibility to centrally manage and control communication with their Customers via the WhatsApp Business Platform. The Platform provides, among others, the following functionalities: (a) sending and receiving WhatsApp messages, including individual conversations and bulk campaigns; (b) managing customer contact databases, records, notes, tags, and reusable segments; (c) creating and deploying embeddable chat widgets on the User's own websites; (d) accessing artificial intelligence features, including an automated customer-facing assistant, an internal operational assistant, saved automated procedures ("skills"), and transcription of incoming voice messages (see Clause 3); (e) generating documents from record data (including PDF output) and publishing read-only share links for selected views, records, or documents (see Clause 4.5); (f) importing data from third-party services connected by the User (for example, Airtable); (g) programmatic access to Platform functionalities via an Application Programming Interface ("API") (see Clause 4); and (h) configuring outbound webhooks to receive real-time notifications at the User's own servers (see Clause 4).

2.2 The scope of use of the Platform agreed with the User, any agreed additional services (including "Add-Ons" such as additional user seats, WhatsApp numbers, or the AI Agent add-on), the commencement date of ongoing services, and the remuneration shall be determined by the selected subscription plan and the contract confirmation sent by BlueMarlin. Each subscription plan defines specific usage limits, including but not limited to the maximum number of contacts, users, campaigns per month, and connected WhatsApp numbers. These limits are enforced by the Platform; exceeding them requires upgrading the subscription plan or booking the relevant Add-On.

2.3 BlueMarlin provides the Platform to the User as a technical infrastructure on a Software-as-a-Service (SaaS) basis. To use the Platform, it is necessary that the User has their own access to the internet and a compatible web browser. BlueMarlin is not responsible for the User's hardware, software, or network configuration.

2.4 Communication via WhatsApp takes place through an interface ("API") of the WhatsApp Business Platform. Access to the WhatsApp Business Platform is provided to the User by BlueMarlin to the agreed extent. The contracts governing the use of the WhatsApp Business Platform are concluded independently between the User and Meta Platforms, Inc. and/or its affiliates ("Meta/WhatsApp"). BlueMarlin has no influence on the technical or contractual design, nor on the scope of the services provided by Meta/WhatsApp. Meta/WhatsApp may change or discontinue their scope of services at any time and may thereby also affect the services of BlueMarlin. Where the User connects a phone number that continues to be used in the WhatsApp Business mobile app ("coexistence" mode), Meta/WhatsApp synchronizes messages and, where offered, existing chat history between the app and the Platform; the scope and availability of such synchronization are determined solely by Meta/WhatsApp. BlueMarlin shall not be liable to the User for any service limitations, account restrictions, or number suspensions caused by changes to or enforcement actions by the WhatsApp Business Platform. WhatsApp messaging fees charged by Meta/WhatsApp are borne exclusively by the User and are not included in BlueMarlin's subscription fees.

3. Artificial Intelligence Features

3.1 The Platform may provide access to various functions based on large language models ("AI Features"), such as automated chatbot responses, knowledge-base-powered assistants, an internal operational assistant for the User's team, automated procedures ("skills"), speech-to-text transcription of voice messages, or other AI-supported automations. Certain AI Features are available as a paid Add-On and are not included in all subscription plans.

3.2 To provide AI Features, BlueMarlin transmits certain data to third-party AI service providers, including but not limited to: (a) the text content of incoming Customer messages; (b) the audio content of incoming voice messages, for the purpose of transcription; (c) the User's knowledge base content (documents, texts, Q&A pairs, and website extracts uploaded by the User); (d) recent conversation history for context continuity; and (e) where an AI assistant performs an action or answers a question that requires reading the User's data, the content of the records involved, which may include contact details stored by the User (such as names or phone numbers). BlueMarlin does not transmit the User's billing or payment information to AI service providers, and data belonging to one organization is never shared with another.

3.3 BlueMarlin currently uses services provided by Anthropic, PBC ("Anthropic") for AI response generation and assistant features, and by OpenAI, LLC ("OpenAI") for text embeddings and speech-to-text transcription. BlueMarlin reserves the right to change, expand, or replace the AI models or providers used at any time, provided that the contractually agreed service is not materially impaired thereby. An up-to-date list of AI sub-processors is available in the Data Processing Agreement.

3.4 Data transmitted to AI service providers under enterprise API agreements is not used by such providers to train or improve their models. BlueMarlin does not use Customer communications or User Content to train any AI models.

3.5 AI-generated outputs are produced by probabilistic algorithms and may contain inaccurate, incomplete, or inappropriate information. The User acknowledges that AI Features are provided on an "as is" basis and that BlueMarlin makes no warranty as to the accuracy, reliability, completeness, or suitability of AI-generated outputs for any particular purpose. The User is solely responsible for reviewing, supervising, and validating all AI-generated communications sent to their Customers. BlueMarlin shall not be liable for any damages, claims, or losses arising from reliance on or dissemination of AI-generated content.

3.6 The Platform includes automatic escalation mechanisms that transfer conversations from the AI assistant to human operators when confidence is insufficient, when the Customer requests human assistance, or when configurable thresholds are exceeded. The User is responsible for ensuring that human operators are available to handle escalated conversations in a timely manner.

4. API Access, Webhooks, Widget, and Public Share Links

4.1 Subject to the User's subscription plan, BlueMarlin may provide programmatic access to Platform functionalities via an API. API access is authenticated through API keys issued by BlueMarlin (prefixed "bm_live_"). The User is solely responsible for the safekeeping, rotation, and confidentiality of their API keys. Any actions performed using the User's API keys shall be deemed authorised by the User. BlueMarlin shall not be liable for any unauthorised access resulting from the User's failure to secure their API keys.

4.2 BlueMarlin may impose rate limits and usage restrictions on API access. BlueMarlin reserves the right to revoke or restrict API access at any time if the User's usage pattern threatens the stability or security of the Platform, or violates these Terms.

4.3 The User may configure outbound webhooks to receive real-time event notifications at the User's own server endpoints. Webhook payloads may contain personal data of the User's Customers, including phone numbers, message content, and delivery statuses. The User is solely responsible for: (a) securing their webhook endpoints (including transport encryption via HTTPS); (b) ensuring that the processing of data received via webhooks complies with applicable data protection laws; and (c) verifying webhook signatures to prevent unauthorized data injection. BlueMarlin shall not be liable for any data breaches, losses, or regulatory penalties arising from the User's failure to adequately secure their webhook endpoints.

4.4 The Platform offers an embeddable chat widget that the User may integrate into their own websites. The widget facilitates communication between the User's website visitors and the User via WhatsApp. The User is solely responsible for: (a) informing website visitors about the use of the widget and any data collection in accordance with applicable laws (including cookie and privacy regulations); (b) obtaining any required consents from website visitors; and (c) ensuring that the implementation of the widget on the User's website complies with all applicable laws and regulations. BlueMarlin shall not be liable for the User's failure to comply with these obligations.

4.5 The Platform allows the User to publish read-only share links that make selected views, records, or generated documents accessible to anyone who possesses the link, optionally protected by a password or an expiry date. Publishing a share link is exclusively the User's decision and action. The User is solely responsible for: (a) the content made available through such links, including any personal data contained therein; (b) ensuring that they have the right to publish that content and, where required, that the data subjects concerned have been informed or have consented; and (c) revoking share links that are no longer needed. BlueMarlin shall not be liable for any disclosure of data resulting from the User's publication or distribution of share links.

5. Registration and User Account

5.1 To gain access to the services of the Platform, the User must register and create a User account. Each User account is associated with an organization. A single natural person may be a member of multiple organizations.

5.2 The User warrants that all data provided during registration are accurate and complete. In the event of subsequent changes, the data stored in the User account must be kept up to date at all times.

5.3 The User is responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account. The User must notify BlueMarlin immediately of any unauthorized use of their account.

5.4 Acceptance of these Terms is recorded at the time of acceptance together with the date and time, the network address (IP) from which acceptance was declared, the browser identification string, and the version of the Terms accepted. This record is kept as evidence of the conclusion of the contract (Article 6(1)(b) and (f) GDPR).

6. Free Trial Period

6.1 BlueMarlin may offer the User a free trial period of fourteen (14) calendar days ("Trial Period"), during which the User may access the Platform with a feature set equivalent to the Pro plan. No payment information is required to begin a Trial Period.

6.2 Only one Trial Period is granted per organization. BlueMarlin reserves the right to refuse a Trial Period if, in its reasonable judgement, the User has previously used a Trial Period under a different organization or account.

6.3 Upon expiry of the Trial Period, if the User has not subscribed to a paid plan, the User's account shall be placed in a suspended state. In suspended state, the User retains read-only access to the Platform and existing data is preserved, but the User may not send messages, create campaigns, or perform other write operations. BlueMarlin reserves the right to permanently delete the data of suspended accounts that remain inactive for more than ninety (90) calendar days after the end of the Trial Period.

7. Conclusion of Contract and Subscription

7.1 The service descriptions on BlueMarlin's website do not constitute a binding offer. When the User selects a paid subscription plan, the User submits a binding contractual offer by completing the ordering process. The contract is concluded upon confirmation by BlueMarlin.

7.2 During the term of the contract, the User may book additional extensions ("Add-Ons", such as additional user seats, WhatsApp numbers, or the AI Agent add-on) through the Platform. Add-Ons are billed in addition to the base subscription fee and are subject to the same billing cycle.

8. Availability of the Platform

8.1 BlueMarlin endeavours to provide the Platform with an availability of 99% on a monthly calendar average. This availability target is a commercially reasonable objective and does not constitute a guaranteed service level. No compensation, credits, or penalties shall be owed by BlueMarlin for any failure to meet this availability target.

8.2 Non-availability does not exist if the Platform is unavailable due to circumstances for which BlueMarlin is not responsible, in particular as a result of: (a) force majeure (including war, natural disasters, epidemics, pandemics, cyberattacks, and government actions); (b) incorrect, abusive, or improper use by the User (for example, blocking of the WhatsApp number due to the sending of spam messages, or exceeding rate limits); (c) planned maintenance periods; (d) failures of the User's internet connection, hardware, or software; or (e) actions or omissions of third-party providers, including Meta/WhatsApp, cloud hosting providers, and AI service providers.

8.3 BlueMarlin may temporarily restrict access to the Platform in order to carry out maintenance work, apply security patches, or implement updates, and shall notify the User of planned maintenance periods in advance where reasonably possible.

8.4 This clause does not apply to the availability of third-party services, in particular the WhatsApp Business Platform, AI service providers, or payment processors. A specific availability of these external services is not part of BlueMarlin's contractual performance obligations.

9. Usage Rights

9.1 BlueMarlin grants the User a time-limited, revocable, non-exclusive, and non-transferable right to use the Platform within the contractually agreed scope. The right of use expires at the latest upon termination of the contract.

9.2 The User may use the Platform only for their own business activities. Use is permitted only by the number of persons specified in the scope of services (i.e. the user seat limit of the applicable subscription plan).

9.3 The User is not entitled to: (a) rent, lease, lend, reproduce, resell, distribute, or otherwise transfer the Platform or access to it; (b) use the Platform for the development of competing services with the same or substantially similar functionalities; (c) transfer usage rights to third parties or grant third parties access without the consent of BlueMarlin; (d) modify, translate, reproduce, decompile, or examine the source code of the Platform except where permitted by applicable law; (e) remove, circumvent, or modify functions related to digital rights management or copy protection; (f) remove, obscure, or alter legal notices concerning BlueMarlin's intellectual property rights; (g) use automated programs, bots, scrapers, or similar tools to access, download, extract, or copy the Platform and its content, except through the API provided by BlueMarlin; or (h) share login credentials or API keys with unauthorized third parties.

10. Obligations and Responsibilities of the User

10.1 The User grants BlueMarlin the non-exclusive, worldwide, royalty-free right to use, during the term of the contract and to the extent necessary for the fulfilment of the contract, the content provided by the User (including communication content, photographs, graphics, videos, files, documents, logos, texts, knowledge base materials, collectively referred to as "User Content"), in particular to reproduce, process, store, transmit, and display such content. The User warrants that they hold all necessary rights to grant these permissions and that User Content does not infringe any third-party rights.

10.2 The User may only store or transmit via the Platform such User Content (a) to the use of which they are entitled, (b) which does not infringe any rights of third parties (in particular trademark rights, copyright and other intellectual property rights, as well as personal rights), and (c) which does not contain any unlawful, violence-glorifying, racist, discriminatory, or pornographic content.

10.3 The User is solely responsible for ensuring that the legal requirements for communication with Customers are met, in particular that: (a) the respective Customer has given any consent that may be required under applicable data protection and electronic communications laws (including but not limited to the GDPR and the ePrivacy Directive) prior to receiving messages; (b) all statutory information obligations are fulfilled; and (c) appropriate opt-out mechanisms are provided to Customers. BlueMarlin does not review User Content or Customer communications for their legality and assumes no liability for any failure of the User to obtain required consents.

10.4 The Platform provides technical mechanisms to facilitate opt-out processing (such as keyword-based unsubscribe detection and contact restriction management). However, the User acknowledges that these mechanisms are provided as a convenience and do not relieve the User of their independent legal obligation to maintain and honour opt-out requests in accordance with applicable law.

10.5 For the sending of promotional messages, in particular campaigns, via the WhatsApp Business Platform, only templates approved by WhatsApp may be used. The use of unapproved templates may result in the permanent blocking of the WhatsApp number used for sending. The User is solely responsible for compliance with these provisions as well as with the WhatsApp Business Policy. Any consequences arising from violations, including account suspensions, number blocks, or fines imposed by Meta/WhatsApp, shall be borne exclusively by the User. BlueMarlin's liability is excluded in this regard.

10.6 The User is responsible for compliance with the terms of use of the WhatsApp Business Platform (including the WhatsApp Business Policy, WhatsApp Business Solutions Terms, WhatsApp Business Terms of Service, and Meta Terms for WhatsApp Business). BlueMarlin points out that violations of these terms may lead to exclusion from or restriction of the use of the WhatsApp Business Platform. Any resulting limitations in the services of BlueMarlin do not constitute a defect in the services provided by BlueMarlin and do not entitle the User to any refund, credit, or compensation.

10.7 The User shall indemnify and hold harmless BlueMarlin, its directors, officers, employees, and agents upon first request against all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) asserted by third parties arising from: (a) the User's use of the Platform; (b) the User Content; (c) the User's breach of these Terms; (d) the User's violation of any applicable law or regulation; (e) the User's failure to obtain required consents from Customers; or (f) any regulatory proceedings, fines, or penalties imposed on BlueMarlin as a result of the User's actions or omissions. This indemnification obligation shall survive the termination of the contract.

10.8 It is the sole responsibility of the User to create backup copies of the User Content independently and at regular intervals. BlueMarlin shall not be liable for any loss of User Content.

11. Remuneration and Payment Terms

11.1 The amount of remuneration for the services booked by the User (including Add-Ons) as well as the payment schedule shall be determined by the respective subscription plan and contract confirmation. Current pricing is published on BlueMarlin's website.

11.2 All amounts are quoted in EUR and exclusive of applicable taxes (including VAT) unless otherwise stated. The User is responsible for any taxes applicable in their jurisdiction.

11.3 Payment is processed through BlueMarlin's payment service provider (currently Stripe, Inc.). The User's payment information is processed and stored exclusively by the payment service provider in accordance with the Payment Card Industry Data Security Standard (PCI DSS). BlueMarlin does not store or have access to the User's credit card or payment method details.

11.4 Invoicing to the User shall be carried out in electronic form (e.g. by email or via the payment service provider's portal), unless otherwise agreed.

11.5 The User may only offset claims that are undisputed or have been finally adjudicated.

11.6 In the event of a failed payment, BlueMarlin shall notify the User and provide a grace period of seven (7) calendar days for the payment to be resolved. If the payment remains outstanding after the grace period, the User's account may be placed in suspended state (read-only access) until payment is successfully processed. BlueMarlin reserves the right to charge interest on overdue payments at the rate permitted by applicable law.

11.7 BlueMarlin is entitled, at its reasonable discretion, to adjust the agreed remuneration in line with changes in the costs relevant for the price calculation (including infrastructure costs, third-party service fees, and exchange rate fluctuations). All price changes will be communicated to the User by email and will take effect no earlier than thirty (30) calendar days after such notification. If BlueMarlin increases the agreed remuneration by more than 10% within any twelve-month period, the User shall be entitled to terminate the contract extraordinarily with a notice period of four weeks from receipt of the notice of increase. This right of extraordinary termination under this clause is in addition to, and does not limit, the User's ordinary termination rights under Clause 15.

12. Warranty

12.1 BlueMarlin warrants that the Platform will substantially conform to the functionalities described in the applicable service description during the term of the contract. This warranty does not extend to AI Features (see Clause 3.5), third-party services, or features provided in beta or preview mode.

12.2 The rectification of defects shall, at the sole discretion of BlueMarlin, be carried out either by repair, workaround, or replacement.

12.3 BlueMarlin assumes no warranty for: (a) the internet access of the User and/or their Customers; (b) the availability, functionality, or performance of the WhatsApp Business Platform or any other third-party service; (c) the completeness, accuracy, or suitability of AI-generated outputs; (d) the deliverability of WhatsApp messages (which depends on factors outside BlueMarlin's control, including network conditions, device settings, and Meta/WhatsApp platform behaviour); or (e) the User's compliance with applicable laws and regulations.

12.4 The Platform is provided "as is" and "as available" to the maximum extent permitted by applicable law. Except as expressly stated in these Terms, BlueMarlin disclaims all other warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Liability and Damages

13.1 BlueMarlin shall be liable for damages in accordance with applicable law in the event of intent or gross negligence.

13.2 In cases of simple negligence, BlueMarlin shall only be liable for breach of a material contractual obligation (an obligation the fulfilment of which is essential for the proper performance of the contract and upon the observance of which the User may regularly rely), and such liability shall be limited to the compensation of foreseeable and typical damages. In all other cases, liability for simple negligence is excluded.

13.3 BlueMarlin's total aggregate liability for any and all claims arising under or in connection with these Terms shall not exceed the total amount paid by the User to BlueMarlin in the six (6) months immediately preceding the event giving rise to the liability, or one thousand euros (EUR 1,000), whichever is greater.

13.4 BlueMarlin shall not be liable for: (a) any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of business, loss of goodwill, or reputational damage, regardless of the theory of liability; (b) any damages arising from the conduct of the WhatsApp Business Platform, AI service providers, or other third-party services; (c) any damages resulting from the User's failure to comply with their obligations under these Terms, including the failure to obtain required consents, to secure webhook endpoints, or to safeguard API keys; (d) any regulatory fines, penalties, or sanctions imposed on the User or on BlueMarlin as a result of the User's actions or omissions; or (e) any damages arising from the suspension or termination of the User's account in accordance with these Terms.

13.5 The liability of BlueMarlin for damages arising from injury to life, body, or health, as well as liability under mandatory statutory provisions, remains unaffected by the above limitations and exclusions.

13.6 To the extent that liability is excluded under these provisions, this exclusion also applies to the personal liability of BlueMarlin's directors, officers, employees, representatives, and agents.

14. Blocking of Access, Suspension, and Deletion of Content

14.1 BlueMarlin may, at its own discretion, temporarily or permanently block or suspend the User's access to the Platform, in whole or in part, if: (a) there are concrete indications that the User is violating or has violated these Terms and/or applicable law; (b) the User's use of the Platform poses a risk to the security, integrity, or availability of the Platform or the data of other users; (c) the User is in default of payment beyond the grace period specified in Clause 11.6; (d) BlueMarlin receives a complaint or takedown request from a third party relating to the User's content or activities; or (e) BlueMarlin otherwise has a legitimate interest in such blocking or suspension. In deciding on a blocking measure, BlueMarlin shall duly take into account the legitimate interests of the User.

14.2 In the event of a blocking or suspension, the User shall be notified thereof by email. An access authorisation that has been permanently blocked cannot be restored. In connection with a permanent blocking, BlueMarlin is entitled to terminate the contract extraordinarily.

14.3 BlueMarlin is entitled to delete content that does not comply with the conditions of Clause 10 if the User fails to delete such content themselves within a reasonable period (not less than seven calendar days) after being requested to do so.

15. Term of Contract and Termination

15.1 The User is permitted to use the Platform for the duration of the agreed contractual term as determined by the selected subscription plan.

15.2 Unless otherwise agreed, the minimum contractual term shall be determined by the billing cycle of the selected plan (monthly or annual). After the expiry of the initial term, the contract shall automatically renew for a period corresponding to the billing interval, unless it is terminated by either party. For monthly plans, termination must be effected no later than fourteen (14) days before the end of the current billing period. For annual plans, termination must be effected no later than thirty (30) days before the end of the current annual period. BlueMarlin shall send a renewal reminder by email no later than seven (7) days before each annual renewal date.

15.3 The right of both parties to terminate the contract without notice for good cause remains unaffected. Good cause shall include, in particular: (a) the User becomes insolvent or over-indebted; (b) insolvency proceedings are filed over the assets of the User; (c) the User is in default of payment of the agreed remuneration for two consecutive months; (d) the User materially breaches these Terms and fails to cure such breach within fourteen (14) days of receiving written notice; or (e) circumstances arise that make the continuation of the contractual relationship unreasonable for either party.

15.4 The effective termination of the contract automatically results in the termination of any agreed additional services and Add-Ons, without requiring a separate declaration by either party.

15.5 Upon termination or expiry of the contract, the User shall no longer have access to the Platform. BlueMarlin shall retain the User Content for a period of thirty (30) calendar days following the effective date of termination ("Retention Period"), during which the User may request an export of their data by contacting BlueMarlin at the email address specified in Clause 19. After the expiry of the Retention Period, BlueMarlin shall permanently delete all User Content, including files, records, conversations, and associated data. BlueMarlin shall not be liable for any loss of data after the expiry of the Retention Period.

15.6 Clauses that by their nature should survive termination shall survive, including but not limited to Clauses 10.7 (Indemnification), 12 (Warranty), 13 (Liability), 16 (Data Protection), and 18 (Final Provisions).

16. Data Protection

16.1 Insofar as BlueMarlin processes personal data on behalf of the User for the purpose of performing the contractual services, BlueMarlin acts as a data processor within the meaning of Article 28 of the General Data Protection Regulation (GDPR), and the User acts as the data controller. The parties shall enter into a separate Data Processing Agreement ("DPA") as required by applicable law, which forms an integral part of these Terms.

16.2 The details regarding the personal data collected from the User (as a natural person or representative), the purposes of processing, the legal bases, data retention periods, third-party disclosures, and the exercise of data subject rights are set out in BlueMarlin's Privacy Policy, available at bluemarlinchat.com/privacy.

16.3 The User acknowledges that BlueMarlin engages third-party sub-processors for the provision of the Platform. An up-to-date list of sub-processors is maintained in the DPA. BlueMarlin shall notify the User of any intended changes to sub-processors in accordance with the procedure set out in the DPA.

16.4 The User is solely responsible for ensuring that their use of the Platform, including the collection, storage, and processing of Customer personal data, complies with all applicable data protection laws and regulations. BlueMarlin shall not be liable for any fines, penalties, or sanctions imposed on the User as a result of the User's failure to comply with data protection obligations.

17. Amendment of the Terms

17.1 BlueMarlin reserves the right to amend these Terms from time to time. Amendments may be made to reflect changes in applicable law, changes in BlueMarlin's services, introduction of new features, or other reasonable business purposes.

17.2 Amendments shall be communicated to the User by email no later than thirty (30) calendar days before they take effect. If the User does not object to the amendments within four weeks of receipt of the notification, the amendments shall be deemed accepted with effect for the future. If the User objects, BlueMarlin shall be entitled to terminate the contractual relationship extraordinarily with a notice period of two weeks, provided that BlueMarlin has informed the User in the amendment notice of the effect of silence and the right of termination.

18. Final Provisions

18.1 The agreements concluded between the parties, including these Terms, are governed by the substantive law of the Kingdom of Spain, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the rules of private international law.

18.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be the courts of Malaga, Spain. BlueMarlin is also entitled to bring an action against the User at the User's general place of jurisdiction. Mandatory statutory provisions regarding exclusive places of jurisdiction remain unaffected.

18.3 Should one or more provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic intent of the original provision.

18.4 BlueMarlin's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.5 The User may not assign or transfer their rights or obligations under these Terms without the prior written consent of BlueMarlin. BlueMarlin may assign these Terms to any affiliate or successor entity without the User's consent.

19. Contact

BLUEMARLIN VENTURES SL
VAT: ESB27665173
Avenida de San Anton 37
29018 Malaga, Spain
Email: info@bluemarlinchat.com