Terms and Conditions

BOLD Licensing agreement

Please read the following privacy policy and terms of use (collectively the “terms and conditions”) relating to your use of your BOLD Device. You must accept these terms and conditions before you can continue. These terms and conditions form the entire legal agreement between you and BOLD. (“BOLD”) relating to your use of BOLD devices.

This device requires the use of preloaded software in its normal operation. By using this device, or its software, you accept the terms of this EULA. If you do not accept these terms, do not use the device or the software.

Privacy Policy

By using your BOLD device your technical metadata (model, serial number, IMEI, etc.) will be collected by BOLD, along with any personal identifiable information about the user in order to determine the use, and log any pertinent information about your software so that BOLD may debug and improve any existing problems within the software.

BOLD servers will store these logs regarding how your device is used anonymously, and the content of any messages, call logs, or browsing history will never be collected unless required to do so by an applicable court order, or other valid legal process.

Personal Identifiable Information Storage

BOLD will retain any personal identifiable information (“PII”) that it collects through our software while you have an active BOLD device. By using BOLD devices, you are allowing your information associated with your device to be moved from your country of residence to the United States or any country where this data is stored.

BOLD uses industry standard security methods and procedures to protect the information that it collects, but you acknowledge that, like all Internet-connected systems, BOLD will not be responsible for the failure of its security except in cases of gross negligence or intentional wrongdoing.

Third Parties

BOLD limits the disclosure of your PII to only the third parties used to fulfill obligations or services for BOLD users. These companies have access to personal information needed to perform their services or functions but may not use it for other purposes without the sole permission of the user.

Opting Out

If you no longer wish to receive communications from BOLD, please reach out to info@boldphone.com. Please keep in mind, refusing to provide personal information or denying or withdrawing consent to use personal information as identified in this privacy statement may make you unable to participate in certain BOLD programs or software updates.

By helping to improve BOLD, you allow the collection of usage statistics which define how you use your device. Opting out of this will still allow BOLD to collect this information anonymously, without any PII associated to the data.

Enhanced Device Support allows BOLD to utilize collected data in order to tailor our customer experience to our users. By opting out, you may miss on future customer experience roll outs, as well as mail outs offering the latest news on BOLD.

License

Certain items of the software may be subject to open source licenses. These licenses and provisions may supersede some of the terms of this EULA. We would be happy to make the open source licenses available to you, if you reach out to us directly at www.boldphone.com/contact.

GDPR

Website data collection:

  • Email subscriptions: If you decide (thank you!) to opt into our email news list, your email will be stored by our email delivery service provider (Mailchimp). Your email will not be stored in any other data repository and will NOT be sent to any third-party agent. If you wish to unsubscribe from the list, you can do so using the unsubscribe link within any of the emails that you may receive. If you want us to remove you from the list, you can send us a request at https://datacontrol.bluproducts.com/record/inquiry and you will be removed from our Ongage list.
  • Submitting a sales lead: If you wish to become part of the BOLD army and have submitted a request to become a retailer / distributor of BOLD, your data will be stored in our database and will NOT be used for any marketing purposes, and will NOT be sent to any third party agent. After your submission you will be contacted by our sales team concerning your inquiry. If you wish to have your contact information removed from our database, you can do so by sending us the request to: https://datacontrol.bluproducts.com/record/inquiry
  • Submitting a support ticket: If you submit a support ticket, your information will be stored in our database via our support engine Sales Force, to be used solely by our support staff for the purpose of solving any issues you may be experiencing. Your customer support data will NOT be used for marketing purposes and will NOT be shared with any third-party agent. If you wish to remove your PII data from our support engine database, you may send the request to https://datacontrol.bluproducts.com/record/inquiry.

Subject to Change

BOLD reserves the right to make changes to this privacy policy at any time. This EULA and Privacy policies can be accessed at any time at www.boldphone.com/terms-and-conditions.

Reservation of Rights and Ownership

BOLD reserves all rights not expressly granted to you in this EULA. The software is protected by copyright and other intellectual property laws and treaties. BOLD owns the title, copyright, and other intellectual property rights in the software. The software is licensed, not sold.

Users may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms therein. Except, and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation.

Software Updates

To provide updates to BOLD Software, you agree that BOLD and its affiliates may collect and use technical information gathered as part of the product support services related to the Software provided to you, such as IMEI (your device's unique identification number), device number, model name, your device's current SW version, MCC (Mobile Country Code), and MNC (Mobile Network Code). BOLD may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in any form that personally identifies you.

BOLD may provide to you, or make available updates, upgrades, supplements, and add-on components (if any) of the software, including bug fixes, service upgrades, and enhancements to any software previously installed. This is to improve the software and ultimately improve the user experience with your device. This EULA applies to all and any component of the update that BOLD may provide to you, unless specified otherwise in the newer software.

Internet Connection

Some features of the software may require your device to have access to the internet and may be subject to restrictions imposed by your network or ISP. Unless your device is connected to the internet through Wi-Fi connection, the software will access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the software may be affected by the suitability and performance of your data access.

Export Restrictions

You acknowledge that the software is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the software, including all applicable export restriction laws and regulations.

Warranty

For full warranty information please click here

Limitation of Liability

BOLD will not be liable for any damages of any kind arising out of or relating to the use or the inability to use the software or any third party application, its content or functionality, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, failure to connect, network charges, in-app purchases, and all other direct, indirect, special, incidental, exemplary, or consequential damages even if BOLD has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you. Notwithstanding the foregoing, BOLD's total liability to you for any losses, damages, causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of the software or any third party therein, or any other provision of this EULA, shall not exceed the amount purchaser paid specifically for this mobile device or any such third party application that was included with this mobile device. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

U.S. Government End Users

The software is licensed only with restricted rights, and as commercial items consisting of commercial software and commercial software documentation with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All products are provided with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All software and products are provided subject to Federal Acquisition Regulation (FAR) 52.227.19

Dispute Resolution

ALL DISPUTES WITH BOLD ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be combined or consolidated with a dispute involving any other person's or entity's Products or claim, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of Florida, without reference to its choice of laws principles, shall govern the interpretation of the Limited Warranty and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Limited Warranty. This arbitration provision also applies to claims against BOLD's employees, representatives and affiliates if any such claim arises from the Products' sale, condition or performance.

Entire Agreement Severability

If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Amazon Services LLC Associates Program

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

Return & Exchange period:

If you wish to return or exchange the purchase, the return period is 14 days. Please note, the return time period begins the day the product is received and applies to new, clearance, open box, refurbished and pre-owned products.

Restocking fees:

All items sold have a restocking fee of $35.00 if returned by any customer.

There is no restocking fee if the product is unopened / sealed or if the purchase and the return both occur within: AL, CO, HI, IA, MS, OH, OK, SC or where prohibited by law. The restocking fee will be taxed in select states.

How to return an item:

To obtain a return shipping label, please contact our customer care team at 1-877-602-8762 within 14 days of receival date.

The return package must contain all original product inserts and accessories. Otherwise, an additional $35.00 fee will be charged per missing accessory.

Any devices showing signs of physical/liquid damage, as well as scratches, dents, and cosmetic damage will not qualify for a refund.

All return shipping labels must show activity within 5 days of filing the RMA. For example, if a return is filed on Friday May 5th, the latest the return package can be shipped, is Friday May 12th.

All devices received at our facility will undergo a full inspection. After inspection, the refund will be issued based on the condition of the item. Refund amounts can vary based of damage or missing items.

Defective Products or Errors

Should any mistakes occur with the order, or products arrive defective/damaged at the time of receival, BLU/BOLD will either:

  • Send replacement parts or accessories
  • Replace the product
  • Issue a refund

Please note, if a device is deemed not defective, return shipping fees will apply and/or a partial refund may be issued.

Shipping

BLU Products / BOLD does not take any responsibility for any packages lost or stolen to or from us during transit. Any packages lost or stolen during transit, will require a claim with the shipping courier filed by the recipient. If you have any questions regarding the terms of shipping outlined here, please do not hesitate to contact us.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision should occur, we will try to provide at least 14 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms, please contact us at 1-877-602-8762.