Terms of Use

These Terms of Use ("Terms") are a legal agreement between you and Bluefish Systems, LLC ("Bluefish," "we," "us," "our") governing your access to and use of our marketing website at bluefishsystems.com (the "Site"). By accessing or using the Site you agree to these Terms. If you do not agree, please do not use the Site.

1. About these Terms — what's in scope

These Terms cover the public Site only. They do not govern the Bluefish products themselves — Capsa, HealthPoint, the Employee Portal, Shield Tracker, SprocOptimizer — which are delivered to health systems under separate written agreements (typically a master service agreement, a product schedule, and a HIPAA Business Associate Agreement). If anything in these Terms conflicts with a signed agreement covering a product, that signed agreement controls for that product.

2. Who can use the Site

The Site is intended for healthcare professionals, IT and operations leaders, and business contacts evaluating Bluefish. It is not directed to children under 13 and is not a clinical tool. Nothing on the Site is medical advice or a substitute for the judgment of a licensed clinician.

3. No PHI submissions through the Site

Do not submit patient health information (PHI), other regulated health information, or any individually identifiable patient data through any form, email, or other channel on this Site. The Site is not a HIPAA-covered channel and we have not signed a Business Associate Agreement with you for it. If you need to share clinical scenarios for an evaluation, de-identify them first or wait until we've executed a BAA and provisioned a contracted channel.

4. License to use the Site

Subject to these Terms, Bluefish grants you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your internal informational and evaluation purposes. You may print or download reasonable amounts of content for those purposes, provided you preserve all copyright, trademark, and other proprietary notices.

You agree not to, and not to allow any third party to:

• Use the Site in any way that violates law, infringes third-party rights, or breaches these Terms;
• Scrape, crawl, harvest, or otherwise systematically extract content in a way that materially burdens our infrastructure or that we have asked you to stop;
• Reverse engineer, decompile, or attempt to derive the source of any code or component delivered through the Site, except where we cannot lawfully restrict that;
• Use the Site to develop, train, or evaluate a model intended to replicate the design, copy, or product representations of Bluefish without our prior written consent;
• Interfere with the security or operation of the Site, including attempting to bypass authentication, probe for vulnerabilities outside a coordinated disclosure process, transmit malware, or send unsolicited bulk submissions through our forms;
• Frame, mirror, white-label, or otherwise present the Site as your own;
• Misrepresent your identity or affiliation when submitting a form.

We may suspend or terminate your access to the Site at any time if we reasonably believe you have violated these Terms.

5. Submissions and feedback

When you submit information through the Site (a question, a contact message, feedback, or any other content), you represent that you have the right to do so and that it does not include PHI or other regulated data. You grant Bluefish a worldwide, perpetual, royalty-free license to use any feedback, ideas, or suggestions you provide to improve our products and services. We won't owe you compensation or attribution for general feedback.

6. Intellectual property

The Site and its contents — including text, layout, design, graphics, images, mocks, illustrations, code, and the selection and arrangement of all of the above — are owned by Bluefish or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws. Except for the limited license in Section 4, no rights are granted to you under these Terms.

7. Trademarks

"Bluefish," "Bluefish Systems," "Capsa," "HealthPoint," "Shield Tracker," and "SprocOptimizer," and the Bluefish logo and product wordmarks, are trademarks of Bluefish Systems, LLC. Third-party product names, logos, and trademarks (including any hospital or technology partner logos shown on the Site) are the property of their respective owners and appear on the Site only to identify those parties; their appearance is not an endorsement by them of Bluefish unless we explicitly say so.

8. Third-party content and links

Some of our products live on their own sites — for example, capsacoding.com, shieldtracker.app, and sprocoptimizer.com — and we may link to other third-party sites and services. We provide those links for convenience; we do not control and are not responsible for the content, accuracy, or practices of sites we don't operate. Following an outbound link is at your own risk and subject to that site's terms and privacy notice.

9. Product capabilities, results, and forward-looking statements

The Site describes what our products do and shares performance figures from real deployments. Any metrics or results stated on the Site are illustrative and reflect specific customer engagements; actual results vary based on the customer's data, workflows, and integration scope and are governed by the agreements under which we deliver the products. Nothing on the Site is a binding commitment, warranty, or representation that you will achieve the same result. Statements about roadmap, future capabilities, or in-development features are forward-looking and may change.

10. Disclaimers

The Site is provided "as is" and "as available," without warranty of any kind. To the fullest extent permitted by law, Bluefish disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and quiet enjoyment. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of harmful components, or that any defects will be corrected. Any reliance on Site content is at your own risk.

This Section 10 does not limit any non-waivable warranty your local law gives you.

11. Limitation of liability

To the fullest extent permitted by law, in no event will Bluefish or its officers, employees, contractors, or licensors be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, revenue, goodwill, data, or business opportunity — arising out of or related to your use of, or inability to use, the Site, even if Bluefish has been advised of the possibility of those damages.

Our aggregate liability to you arising out of or related to the Site, whether in contract, tort, or any other theory, will not exceed one hundred U.S. dollars ($100). The parties agree that this section reflects a reasonable allocation of risk and that we would not provide the Site without these limits.

This Section 11 does not apply to product use governed by a separate signed agreement — that agreement's liability framework controls for that product.

12. Indemnification

You agree to defend, indemnify, and hold harmless Bluefish from any third-party claim arising out of your breach of these Terms, your misuse of the Site, your submission of any PHI or other prohibited content, or your violation of any law or third-party right in connection with the Site. We may, at our option, control the defense of any matter for which you owe indemnification, and you agree to cooperate.

13. Governing law and venue

These Terms are governed by the laws of the State of Arkansas, without regard to its conflict-of-laws rules. Any dispute arising out of or related to these Terms or the Site that is not resolved informally will be brought exclusively in the state or federal courts located in Faulkner County, Arkansas, and you and Bluefish consent to personal jurisdiction and venue there. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

14. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and Bluefish regarding the Site and supersede any prior understandings about it.
• Severability. If a court finds any part of these Terms unenforceable, the rest will remain in effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent; we may assign them in connection with a corporate transaction.
• Survival. Sections that by their nature should survive termination of these Terms (including IP, disclaimers, liability limits, indemnification, and governing law) will survive.
• Headings. Section headings are for convenience only and do not affect interpretation.

15. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top of the page reflects the most recent change. Material changes will be flagged at the top; continued use of the Site after that signals acceptance.

16. Contact

Bluefish Systems, LLC
Conway, AR, USA
sales@bluefishsystems.com