By accessing or using any website or software service operated by Blue Cap Apps LLC ("we", "us", "our"), including Down Control (downctl.com) and Flex BPM, as well as our marketing website (bluecapapps.com), you agree to be bound by these Terms & Conditions. If you do not agree, do not use our services.
1. Our Services
Blue Cap Apps LLC operates a portfolio of SaaS products and websites under distinct brand names, each functioning as a DBA of Blue Cap Apps LLC:
- Down Control — website uptime monitoring, SSL certificate monitoring, server metrics, and alert delivery at downctl.com.
- Flex BPM — business process management software covering events, orders, invoices, inventory, and customer management.
- bluecapapps.com — our company marketing website, including product information and waitlist registration.
References to "the Services" in these Terms apply to all of the above unless a specific service is named. We do not guarantee that all features or capabilities of any service will be available at all times.
2. Account Registration
You must provide accurate information when creating an account for any of our services. You are responsible for maintaining the security of your credentials and for all activity that occurs under your account. Notify us immediately at support@bluecapapps.com if you suspect unauthorized access.
3. Acceptable Use
You agree not to:
- Use any of our services for any unlawful purpose.
- Access, monitor, or collect data from systems or resources you do not own or have explicit permission to access.
- Attempt to reverse-engineer, disrupt, or place excessive load on any of our services or infrastructure.
- Resell or sublicense access to any service without prior written consent from Blue Cap Apps LLC.
- Submit false, misleading, or fraudulent information through any of our services or forms.
4. Waitlist Registration
Joining a product waitlist on bluecapapps.com constitutes consent to receive launch notifications and product updates for that specific product. Waitlist registration does not guarantee access, pricing, or availability. We reserve the right to modify or discontinue any product in development. You may remove yourself from a waitlist at any time by emailing privacy@bluecapapps.com.
5. Free Trials and Billing
Paid products may offer a free trial period, the details of which are described on each product's pricing page. After the trial period, continued use requires a paid subscription. Subscriptions are billed monthly in advance. You may cancel at any time; cancellation takes effect at the end of the current billing period and no refunds are issued for partial periods. All billing is handled through our payment provider, Stripe.
6. Plan Limits
Each subscription plan includes defined usage limits as described on the relevant product's pricing page. Exceeding those limits may require an upgrade. We reserve the right to suspend or throttle accounts that place excessive load on our infrastructure.
7. Service Availability
We aim for high availability across all our services but do not guarantee 100% uptime. Scheduled maintenance may temporarily affect availability. We are not liable for losses resulting from service outages, including — in the case of Down Control — missed monitoring alerts caused by our own infrastructure being unavailable.
8. Data and Privacy
Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
9. Intellectual Property
All content, code, branding, and trademarks associated with Blue Cap Apps LLC and its products — including Down Control and Flex BPM — are the property of Blue Cap Apps LLC and its licensors. You retain full ownership of any data you input into our services.
10. Disclaimer of Warranties
Our services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
11. Limitation of Liability
To the maximum extent permitted by law, Blue Cap Apps LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or business, even if advised of the possibility of such damages. Our total liability for any claim arising from these Terms or your use of our services shall not exceed the amount you paid us in the 12 months preceding the claim.
12. Termination
We reserve the right to suspend or terminate your access to any service for violation of these Terms, non-payment, or any activity we determine to be harmful to our services or other users. You may terminate your account at any time through your account settings or by contacting us.
13. Changes to These Terms
We may update these Terms from time to time. Continued use of our services after changes are posted constitutes acceptance. We will provide reasonable notice of material changes by email or through an in-product notice.
14. Governing Law
These Terms are governed by the laws of the jurisdiction in which Blue Cap Apps LLC is incorporated, without regard to conflict of law provisions.
15. Contact
Questions about these Terms? Email us at support@bluecapapps.com.