Effective Date: November 2025

These Terms of Service written below (“Terms”) govern use of the BlueLena platform, tools, and professional services (“Services”). By accessing or using our Services, the following is expected around our Terms and to our Privacy Policy.

If you do not agree to these Terms, you may not use the Services.

1. About BlueLena

BlueLena is a service provider and technology partner for independent news publishers, nonprofit media organizations, and mission-driven content creators (“Publisher,” “you”). Our Services include:

  • Audience development tools and strategy consultation
  • Email, SMS, and marketing automation
  • CRM and subscriber/donor management systems
  • Data analytics and audience insights
  • Membership, subscription, and donation infrastructure
  • Technical setup and ongoing managed services

BlueLena supports publishers with both licensed SaaS technology and hands-on operational assistance.

2. Eligibility and Account Responsibility

To use the Services, you must be an authorized representative of your organization and able to enter into binding agreements.

You are responsible for:

  • Ensuring that your account information is accurate
  • Maintaining the security of your login credentials
  • All activity that occurs under your account
  • Complying with applicable laws, especially those governing data privacy and messaging

Notify BlueLena immediately of unauthorized access or security concerns.

3. Role of Each Party

3.1 Publisher as Data Controller

You retain ownership and control over your audience data, including subscriber lists, donor information, analytics, and content. You determine:

  • What data is collected
  • How it is used
  • What messages are sent
  • How your audience is engaged

3.2 BlueLena as Service Provider/Data Processor

BlueLena processes data only as needed to provide the Services you use. This includes hosting data, running automations, delivering email or SMS, and providing technical support.

BlueLena does not:

  • Sell or share your audience data with third parties
  • Contact your audience except on your behalf
  • Use your data for purposes outside delivering the Services

4. Acceptable Use

Publishers agree not to:

  • Upload or use data without proper consent
  • Engage in spam, unsolicited messaging, or deceptive marketing
  • Use the Services for unlawful, harmful, or discriminatory activity
  • Interfere with platform operation or security
  • Attempt unauthorized access to systems or accounts

BlueLena may suspend or restrict access for violations.

5. Data Privacy, Consent, and Compliance

You are responsible for ensuring that all data and communications sent through the Services comply with applicable laws and industry standards. BlueLena provides tools and best-practice guidance but does not provide legal advice.

6. Email Messaging and SMS Requirements

When using BlueLena’s messaging tools, you agree to maintain compliant practices, including:

  • Clear opt-in and opt-out processes
  • Honoring unsubscribe requests
  • Providing required disclosures (e.g., “message/data rates may apply”)
  • Maintaining proper consent for all audience data

BlueLena may review or temporarily halt messaging activity to maintain compliance with carrier requirements.

7. Intellectual Property

Publishers retain full ownership over:

  • Content you create or upload
  • Customer/audience data
  • Branding, trademarks, and creative assets

BlueLena retains ownership of:

  • Platform software
  • Documentation
  • Templates, workflows, proprietary modeling techniques and tools
  • Training materials

You grant BlueLena a limited license to use your content solely as needed to provide the Services.

8. Fees, Billing, and Subscriptions

Fees for BlueLena Services are defined in your managed services agreement or statement of work. By using the Services, you agree to:

  • Pay applicable licensing fees
  • Maintain a valid payment method for recurring Services

Fees are non-refundable unless otherwise stated in writing.

BlueLena may suspend Services for unpaid invoices.

9. Service Availability and Modifications

BlueLena aims to provide reliable Services but does not guarantee uninterrupted or error-free operation.

We may modify, enhance, or discontinue features, trainings or programs. For material changes affecting functionality, BlueLena will provide reasonable advance notice.

10. Third-Party Services and Integrations

Many BlueLena features integrate with third-party tools (e.g., Stripe, FundraiseUp, Donorbox, Memberful, CMS platforms such as Newspack, Wordpress).

Use of these external tools is governed by their own terms and policies. BlueLena is not responsible for:

  • Third-party uptime or performance
  • Data handling practices of external systems
  • Issues arising from integrations

11. Termination

Either party may terminate access consistent with contractual terms clearly stated in your Managed Services Agreement.

Upon termination:

  • Your access to the platform will end
  • Audience data will be returned or deleted per your instructions and our retention policy
  • Any outstanding fees remain payable

BlueLena may terminate or suspend access due to violations of these Terms, misuse of the Services, or non-payment.

12. Limitation of Liability

To the fullest extent permitted by law, BlueLena is not liable for:

  • Indirect, incidental, or consequential damages
  • Loss of revenue, profits, or data
  • Third-party service failures
  • Unlawful or improper use of audience data by the Publisher

13. Indemnification

You agree to indemnify BlueLena and its personnel from claims, losses, or damages arising from:

  • Your misuse of the Services
  • Your violation of these Terms
  • Your noncompliance with messaging, privacy, or data laws
  • Content or data you provide or upload

14. Changes to Terms

We may update these Terms periodically. Updates will be posted on our website. Continued use of the Services constitutes acceptance of the updated Terms.

15. Contact Information

BlueLena, LLC
Email: support@bluelena.io
Website: www.bluelena.io