Terms & Conditions of Download and Use

These Terms & Conditions (the “Terms”) are a legal agreement between you (“you,” “your,” or the “User”) and Blackhawk MSP, LLC (“we,” “us,” or “our”) governing your download, installation, and use of Blackhawk CRM and any related files, modules, updates, or documentation (collectively, the “Software”).

1.Acceptance of these Terms

By clicking to download, or by installing, copying, accessing, or using the Software in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting on behalf of a company or other organization, you represent that you have authority to bind that entity, and “you” refers to that entity.

2.Free download — no purchase, no fee

The Software is offered as a free download. We do not charge a license fee for it. We grant you a limited, non-exclusive, non-transferable, revocable permission to download and use the Software for your own lawful purposes, subject to these Terms. No sale, and no transfer of ownership or intellectual-property rights, is made. All rights not expressly granted are reserved by Blackhawk MSP, LLC.

3.Download and use at your own risk

You download, install, deploy, configure, and use the Software entirely at your own risk. You are solely responsible for:

• Evaluating the Software's suitability for your needs before relying on it;
• Providing and securing your own hosting, servers, network, and infrastructure;
• Installing, configuring, updating, patching, and maintaining the Software;
• Setting encryption keys, credentials, access controls, and other security settings correctly;
• Maintaining your own backups and disaster-recovery arrangements;
• Any data you or your users store, process, or transmit using the Software; and
• All use of the Software by you, your staff, your clients, and anyone acting through your systems.

4.No warranty — “AS IS”

The software is provided “as is” and “as available,” without warranty of any kind, whether express, implied, statutory, or otherwise. to the maximum extent permitted by applicable law, Blackhawk MSP, LLC expressly disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the software is secure, error-free, uninterrupted, virus-free, accurate, complete, or that defects will be corrected.

We do not warrant that the Software will meet your requirements, comply with any particular law or standard, or protect against unauthorized access, and we make no representation regarding the security of the Software as deployed or operated by you.

5.No responsibility for your data, security, or breaches

You understand and agree that Blackhawk MSP, LLC is not responsible for, and shall have no liability for, any of the following arising from or relating to your download, installation, or use of the Software:

• Any loss, corruption, deletion, or unavailability of data;
• Any security breach, data breach, intrusion, unauthorized access, or exposure of data or credentials;
• Any compromise of systems, malware, ransomware, or misuse of the Software or your environment;
• Any downtime, service interruption, failed payment, or loss of business, revenue, or goodwill;
• Any act or omission of you, your staff, your clients, or any third party.

Securing your deployment and the data within it is your responsibility. Any security-related descriptions, features, or documentation are provided for information only and are not a guarantee, representation, or warranty that your specific deployment is or will remain secure.

6.Limitation of liability

To the maximum extent permitted by applicable law, in no event will Blackhawk MSP, LLC, its owners, officers, employees, contractors, or affiliates be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, revenue, business, or goodwill, arising out of or related to the software or these terms, even if advised of the possibility of such damages, and regardless of the legal theory.

Because the software is provided free of charge, Blackhawk MSP, LLC's total aggregate liability arising out of or related to the software and these terms will not exceed the greater of the amount you paid for the software (which is zero) or one hundred U.S. dollars (US$100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above exclusions may not apply to you. In that case, our liability is limited to the smallest amount permitted by law.

7.Your responsibility for compliance

You are solely responsible for ensuring that your download, installation, and use of the Software, and your handling of any data through it, comply with all laws, regulations, and standards applicable to you — including without limitation data-protection and privacy laws (such as GDPR or similar), payment-industry requirements (such as PCI DSS), and any industry-specific obligations (such as HIPAA). We make no representation that the Software, as configured or operated by you, satisfies any such requirement.

8.Third-party services and components

The Software may interoperate with, or include, third-party services, libraries, modules, or components (for example, payment processors, mail services, hosting providers, or open-source dependencies). Blackhawk MSP, LLC does not control and is not responsible for those third parties, and your use of them is governed by their own terms. We are not liable for any act, omission, outage, fee, or failure of any third party.

9.No obligation to support or update

The Software is provided without any obligation on our part to provide support, maintenance, updates, upgrades, bug fixes, or continued availability. We may modify, discontinue, or stop distributing the Software at any time without notice or liability.

10.Indemnification

You agree to defend, indemnify, and hold harmless Blackhawk MSP, LLC and its owners, officers, employees, contractors, and affiliates from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your download, installation, configuration, or use of the Software, your data, your violation of these Terms, or your violation of any law or the rights of any third party.

11.Restrictions

You may not use the Software for any unlawful purpose, or in any way that infringes the rights of others. Except as expressly permitted by these Terms or by applicable law, you may not remove or alter any proprietary notices, or use the Software in a manner that violates any third-party terms. All intellectual-property rights in the Software remain with Blackhawk MSP, LLC and its licensors.

12.Termination

These Terms apply for as long as you use the Software. Your permission to use the Software terminates automatically if you breach these Terms. Upon termination, you must stop using and delete your copies of the Software. Sections that by their nature should survive termination — including disclaimers, limitation of liability, indemnification, and governing law — will survive.

13.Changes to these Terms

We may update these Terms from time to time. The version posted at blackhawkmsp.com with the most recent effective date governs. Your continued download or use of the Software after changes take effect constitutes acceptance of the updated Terms.

14.Governing law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction and venue of the courts located in the State of California, United States for any dispute arising out of or relating to these Terms or the Software, to the extent permitted by law.

15.Entire agreement; severability; waiver

These Terms are the entire agreement between you and Blackhawk MSP, LLC regarding the Software and supersede any prior agreements on that subject. If any provision is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any provision is not a waiver of it.

16.Contact

Questions about these Terms can be sent to Blackhawk MSP, LLC at [email protected].