TERMS OF SERVICE
Effective Date: January 1, 2026
1. Welcome to The Blue
1.1 Introduction:
The Blue (formerly Myria Services, Inc.) (“The Blue,” “we,” “us,” “our”) provides its services
(described below) to you through its website located at (the.blue) (the “Site”) and through its mobile
applications and related services (collectively, such services, including any new features and applications,
and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms”). Please read these
Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these
Terms. If you do not agree to these Terms, you should not access or use the Site. PLEASE READ
THESE TERMS CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND
SERVICES, PARTICULARLY SECTION 12 (BINDING ARBITRATION; CLASS
ACTION/JURY TRIAL WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A
DISPUTE BETWEEN US.
1.2 Modifications to Terms of Service:
We reserve the right, in our sole discretion, to change or modify portions of these Terms at any time. If we
do this, depending on the nature of the change, we will post the changes on this page and indicate at the
top of this page the date these terms were last revised and/or notify you, either through the Services' user
interface, in an email notification or through other reasonable means and as required by applicable law.
Any such changes will become effective no earlier than fourteen (14) days after they are posted, except
that changes addressing new functions of the Services or changes made for legal reasons will be effective
immediately. Your continued use of the Service after the date any such changes become effective
constitutes your acceptance of the new Terms. In addition, when using certain Services, you will be
subject to any additional terms applicable to such Services that may be posted on the Service from time to
time.
1.3 Privacy:
At The Blue, we respect the privacy of our users. For details, please see our Privacy Policy. By using the
Service, you consent to our collection and use of personal data as outlined therein.
1.4 Commercial Terms:
Your use of, and participation in, certain Services may be subject to additional terms, policies, and
guidelines (“Commercial Terms”) and such Commercial Terms will either be listed in these Terms of
Service or will be presented to you for your acceptance when you sign up to use the Service. If these
Terms of Service are inconsistent with the Commercial Terms, the Commercial Terms shall control with
respect to such Service. The Terms of Service and any applicable Commercial Terms are referred to
herein as the “Agreement.”
1.5 Cookies
The Blue and its service providers use cookies, pixel tags, web beacons, and similar tracking technologies
on the Site and App to operate and improve the Service, personalize your experience, analyze usage, and
deliver relevant communications. By using the Service, you consent to our use of these technologies as
described in our Privacy Policy.
You may control or disable certain cookies through your browser settings or device preferences; however,
disabling cookies may affect the functionality of the Service. The Blue honors applicable opt-out
mechanisms as required by law, including those provided under the California Consumer Privacy Act
(CCPA) and the California Privacy Rights Act (CPRA). California residents have the right to opt out of
the sale or sharing of personal information; to exercise this right, please contact us at support@myria.us
The Blue does not respond to browser "Do Not Track" signals at this time, but will honor any legally
required opt-out mechanisms as they become applicable.
2. Access and Use of the Service
2.1 Use Description:
The Service is a concierge and lifestyle assistance service designed for your personal, non-commercial
use. Through the Service, you may submit requests and receive assistance, recommendations,
information, planning support, and facilitation services related to (by way of example) vacations and
travel (including hotels, transportation, and itineraries), dining and restaurants, sporting events,
entertainment, experiences, memberships, and other luxury items and activities (collectively, “Concierge
Services”).
Subject to your compliance with these Terms, The Blue grants you a limited, non-exclusive,
non-transferable, non-sublicensable, revocable license to access and use the Site, App, and Service solely
for your personal, non-commercial use. Except for the foregoing limited license, no right, title, or interest
is transferred to you. You agree not to resell, redistribute, or commercially exploit the Service or any
Concierge Services (including by acting as an intermediary for third parties, using the Service to support a
business, or offering the results of the Service as part of a paid service).
You acknowledge and agree that: (a) Concierge Services may include introductions to, referrals to,
recommendations for, and/or coordination with third parties (e.g., hotels, airlines, restaurants, venues,
event organizers, guides, retailers, or other providers) (“Third-Party Providers”); (b) Third-Party
Providers are independent of The Blue and are not under The Blue’s control; and (c) availability, pricing,
terms, and conditions for any reservations, tickets, travel, experiences, or purchases are set by Third-Party
Providers and may change at any time. The Blue does not guarantee availability of any reservation, ticket,
upgrade, product, or experience, even if a request is submitted or discussed.
To the extent The Blue facilitates or coordinates a reservation, booking, ticket purchase, or other
transaction with a Third-Party Provider at your request, you authorize The Blue to communicate with the
Third-Party Provider and to share the information reasonably necessary to fulfill your request (for
example, your name, contact information, preferences, special requests, and other details you provide).
Any transaction for goods or services offered by a Third-Party Provider (including any applicable rules,
restrictions, waivers, cancellation policies, refund policies, and additional fees) is between you and the
applicable Third-Party Provider, and you are responsible for reviewing and complying with all applicable
Third-Party Provider terms.
The Blue may revoke your license to use the Service at any time in its sole discretion. Upon such
revocation, you must promptly cease all use of the Service.
2.2 Your Registration Obligations:
You may be required to register with The Blue in order to access and use certain features of the Service.
By registering for the Service, you agree to provide and maintain true, accurate, current and complete
information about yourself as prompted by the Service’s registration form. Registration data and certain
other information about you are governed by our Privacy Policy.
You must be at least 18 years of age to register for or use the Service. By registering, you represent and
warrant that you are 18 years of age or older. The Blue reserves the right to verify your age at any time as
a condition of accessing or continuing to use the Service. As part of this verification process, The Blue
may require you to submit a valid, government-issued photo identification document (such as a passport,
driver's license, or national identity card). The Blue may use a third-party identity verification provider to
process this information, subject to that provider's terms and privacy policy.
If you are unable or unwilling to provide satisfactory proof of age upon request, The Blue may, in its sole
discretion, suspend or permanently terminate your account without notice or refund. Any account found
to have been created by or on behalf of a person under 18 years of age will be immediately terminated,
and any associated fees may be forfeited to the extent permitted by applicable law. If you become aware
that a minor has gained access to the Service through your account, you must notify The Blue
immediately at support@myria.us
2.3 Member Account, Password and Security:
You may never use another's account, and you may not provide another person with the username and
password to access your account. You should maintain control over all of the devices that are used to
access the Service. If you fail to maintain control of a device, other users may access the Service through
your account and may be able to access certain of your account information. You are fully responsible for
any and all activities that occur under your password or account, and it is your responsibility to ensure
that your password remains confidential and secure. You agree to (a) immediately notify The Blue of any
unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit
from your account at the end of each session when accessing the Service. The Blue will not be liable for
any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to Service:
The Blue reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that The Blue will not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service. We have no obligation to retain any of
your account information or submitted materials for any period of time beyond what may be required by
applicable law.
2.5 Mobile Services:
The Service may include certain services that are available via a mobile device, including (i) the ability to
upload or transmit information and materials to the Service via a mobile device, (ii) the ability to browse
the Service and the Site from a mobile device and (iii) the ability to access certain features through an
application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the
extent you access the Service through a mobile device, your wireless service carrier’s standard charges,
data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services
may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or
devices.
In using the Mobile Services, you may provide your telephone number. By providing your telephone
number, you consent to receive calls and/or SMS, MMS, or text messages at that number in connection
with the Service (including support, account-related messages, and messages related to fulfilling your
requests). We may share your phone numbers with our affiliates or with our service providers (such as
customer support, billing or collections companies, and text message service providers) who we have
contracted with to assist us in pursuing our rights or providing our Services under these Terms, our
policies, applicable law, or any other agreement we may have with you. You agree these parties may also
contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the
purposes we have identified above, and not for their own purposes. In the event you change or deactivate
your mobile telephone number, you agree to promptly update your The Blue account information to
ensure that your messages are not sent to the person that acquires your old number.
2.6 Data Retention
The Blue retains your account information and User Content for as long as your account remains active or
as necessary to provide the Service. Upon termination or deletion of your account, The Blue will use
commercially reasonable efforts to delete or anonymize your personal data within ninety (90) days, except
that The Blue may retain data for the following periods where applicable:
● Transaction and financial records: 7 years, to comply with applicable tax, accounting, and
financial regulations.
● Communications and request history: 3 years from the date of the relevant transaction or
interaction, for dispute resolution, legal compliance, and enforcement of these Terms.
● Backup copies: Up to 180 days following deletion, as part of routine backup and disaster recovery
processes, after which such copies will be purged.
● Legal holds: Indefinitely, where retention is required by applicable law, regulation, court order, or
ongoing legal proceeding.
The Blue will not retain your personal data for longer than is necessary for the purposes described in these
Terms and our Privacy Policy. For more information about how we handle your data, please see our
Privacy Policy.
3. Terms of Sale
3.1 Fees:
To the extent the Service or any portion thereof is made available for any fee, you will be required to
agree to and comply with additional Commercial Terms that set forth the applicable fees, payment
schedule, billing cadence, renewal (if any), and other purchase-related terms. Commercial Terms may be
presented to you via an order form, membership agreement, statement of work, invoice/estimate, in-app
or online checkout flow, or other written terms provided by The Blue in connection with your purchase.
The Commercial Terms are incorporated into these Terms by this reference.
You represent and warrant to The Blue that any payment information you provide is true and that you are
authorized to use the payment instrument. You will promptly update your account information with any
changes (for example, a change in your billing address or credit card expiration date) that may occur. You
agree to pay The Blue the amounts specified in the applicable Commercial Terms (as well as any
applicable taxes) in accordance with those Commercial Terms and these Terms, and you authorize The
Blue (and our payment processors, as applicable) to charge your payment instrument accordingly.
In connection with Concierge Services, you understand that Third-Party Providers (e.g., hotels, airlines,
restaurants, venues, tour operators, retailers, and other providers) may impose their own fees, deposits,
minimum spends, no-show fees, cancellation charges, and other policies, and you are responsible for all
such amounts and compliance with any applicable Third-Party Provider terms. To the extent The Blue
processes payments on your behalf for Third-Party Providers, you authorize The Blue to charge your
payment instrument for amounts you approve or that are otherwise disclosed to you in connection with
fulfilling your requests (including deposits and fees subject to Third-Party Provider policies).
If you dispute any charges, you must let The Blue know within sixty (60) days after the date that The Blue
charges you, unless the applicable Commercial Terms state a different dispute period. You shall be
responsible for all taxes associated with the Services other than U.S. taxes based on The Blue’s net
income.
3.2 Recurring Subscriptions:
If the applicable Commercial Terms include an auto-renewal feature (“Recurring Subscription”), you
authorize The Blue to maintain your account information and charge that account automatically upon
renewal with no further action required by you. In the event that The Blue is unable to charge your
account as authorized by you when you enrolled in a Recurring Subscription, The Blue may, in its sole
discretion: (i) bill you for your Service and suspend your access to the Service until payment is received,
and/or (ii) seek to update your account information through third party sources (i.e., your bank or a
payment processor) to continue charging your account as authorized by you.
The Blue may change the price for Recurring Subscriptions from time to time as permitted by the
applicable Commercial Terms and will communicate any required notices to you in advance. Unless
otherwise stated in the Commercial Terms, price changes for Recurring Subscriptions will take effect at
the start of the next subscription period following the date of the price change. As permitted by local law,
you accept the new price by continuing to use your Recurring Subscription after the price change takes
effect. If you do not agree with the price changes, you have the right to reject the change by cancelling
your Recurring Subscription before the price change goes into effect.
Payments are nonrefundable and there are no refunds or credits for partially used periods, except as
expressly set forth in the applicable Commercial Terms or required by law. Following any cancellation,
you will continue to have access to the Service through the end of your then-current paid subscription
period, unless the Commercial Terms state otherwise. At any time, and for any reason, we may provide a
refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of
such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of
credits in one instance does not entitle you to credits in the future for similar instances, nor does it
obligate us to provide credits in the future, under any circumstance.
If and as available, if you purchase any Service through a mobile purchase or third-party marketplace
(e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party
marketplace will apply, unless otherwise explicitly stated by The Blue. Except as otherwise explicitly
stated by The Blue, the third-party marketplace will be solely responsible for making refunds under its
refund policy, and The Blue will have no refund obligations. The Blue disclaims any responsibility or
liability related to any third-party marketplace’s refund policy or the third party’s compliance or
noncompliance with such policy.
3.3 Third-Party Payment Processors: You agree to pay us, through our payment processors, all charges
at the prices then in effect for any purchase in accordance with the applicable Commercial Terms and
payment terms presented to you at the time of purchase. You agree to make payment using the payment
method you provide when you set up your account. We reserve the right to correct, or to instruct our
payment processors or financing partners to correct, any errors or mistakes, even if payment has already
been requested or received.
4. Conditions of Use
4.1 User Conduct:
● You are solely responsible for all information, requests, preferences, messages, materials,
documents, images, and other content or materials that you upload, submit, post, publish,
transmit, or otherwise provide or make available via the Service (collectively, “Content”). The
Blue reserves the right to investigate and take appropriate legal action against anyone who, in The
Blue's sole discretion, violates this provision, including without limitation, removing the
offending Content from the Service, suspending or terminating the account of such violators and
reporting you to law enforcement authorities. You agree to not use the Service to:
● email or otherwise upload any Content that (i) infringes any intellectual property or other
proprietary rights of any party; (ii) you do not have a right to upload under any law or under
contractual or fiduciary relationships; (iii) contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; (iv) poses or creates a privacy or
security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional
materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid
schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful,
threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene,
pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise
objectionable; or (vii) in the sole judgment of The Blue, is objectionable or which restricts or
inhibits any other person from using or enjoying the Service, or which may expose The Blue or
its users to any harm or liability of any type;
● interfere with or disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks connected to the Service;
● violate any applicable local, state, national or international law, or any regulations having the
force of law;
● impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a
person or entity; solicit personal information from anyone under the age of 18;
● harvest or collect email addresses or other contact information of other users from the Service by
electronic or other means for the purposes of sending unsolicited emails or other unsolicited
communications;
● use the Service in a manner intended to evade, violate, or circumvent the rules, restrictions,
policies, or terms of any Third-Party Provider (including venues, restaurants, hotels, airlines,
ticketing platforms, or other providers), or to facilitate unlawful activity, fraud, or
misrepresentation in connection with reservations, tickets, travel, or purchases;
● further or promote any criminal activity or enterprise or provide instructional information about
illegal activities; or
● obtain or attempt to access or otherwise obtain any materials or information through any means
not intentionally made available or provided for through the Service.
4.2 Commercial Use: Unless otherwise expressly authorized herein or by The Blue in writing (including
in any applicable Commercial Terms), you agree not to display, distribute, license, perform, publish,
reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload
for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The
Service is solely for your non-commercial, personal use.
4.3 Special Notice for International Use; Export Controls:
Software (defined below) available in connection with the Service and the transmission of applicable data,
if any, is subject to United States export controls. No Software may be downloaded from the Service or
otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is
at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules
and laws regarding your use of the Service, including as it concerns online conduct and acceptable
content.
5. Intellectual Property Rights
5.1 Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are
protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as
expressly authorized by The Blue, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Service Content, in whole or in part,
except that the foregoing does not apply to your own User Content (as defined below) that you legally
upload to the Service. In connection with your use of the Service you will not engage in or use any data
mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by The Blue
from accessing the Service (including blocking your IP address), you agree not to implement any
measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
Any use of the Service or the Service Content other than as specifically authorized herein is strictly
prohibited. The technology and software underlying the Service or distributed in connection therewith are
the property of The Blue, our affiliates and our partners (the “Software”). You agree not to copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not
expressly granted herein are reserved by The Blue.
The The Blue name and logos are trademarks and service marks of The Blue (collectively the “The Blue
Trademarks”). Other The Blue, product, and service names and logos used and displayed via the Service
may be trademarks or service marks of their respective owners who may or may not endorse or be
affiliated with or connected to The Blue. Nothing in these Terms or the Service should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use any of The Blue Trademarks
displayed on the Service, without our prior written permission in each instance. All goodwill generated
from the use of The Blue Trademarks will inure to our exclusive benefit.
5.2 Third Party Material:
Under no circumstances will The Blue be liable in any way for any content or materials of any third
parties (including users), including, but not limited to, for any errors or omissions in any content, or for
any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that
The Blue does not pre-screen content, but that The Blue and its designees will have the right (but not the
obligation) in their sole discretion to refuse or remove any content that is available via the Service.
Without limiting the foregoing, The Blue and its designees will have the right to remove any content that
violates these Terms or is deemed by The Blue, in its sole discretion, to be otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of any content, including any
reliance on the accuracy, completeness, or usefulness of such content.
5.3 User Content Transmitted Through the Service:
With respect to the content or other materials you upload, submit, transmit, or otherwise provide through
the Service (collectively, “User Content”), including without limitation requests, preferences, itinerary
details, guest lists, travel documents you provide, and other information you submit to enable Concierge
Services, you represent and warrant that you own all right, title and interest in and to such User Content,
or that you otherwise have all required rights and permissions to provide such User Content to The Blue
and for The Blue to use it as contemplated by these Terms, without violation of any third-party rights.
By providing any User Content you hereby grant The Blue, its affiliated companies and service providers,
and any Third-Party Providers engaged at your request (collectively, “Service Partners”) a nonexclusive,
worldwide, royalty-free, fully paid-up, transferable (as part of a merger, acquisition, corporate
reorganization, or sale of substantially all assets), and sublicensable license to host, store, reproduce,
transmit, display, format, and modify (solely for technical purposes, such as formatting or compatibility)
your User Content only as necessary to: (a) provide, operate, maintain, and support the Service and
Concierge Services; (b) fulfill and administer your requests (including sharing information with
Third-Party Providers as directed by you or as reasonably necessary to complete bookings, reservations,
ticketing, purchases, or other arrangements); (c) prevent fraud, enforce these Terms, and protect the
security of the Service; and (d) comply with applicable law.
This license continues for as long as needed for the purposes above. If you delete User Content or
terminate your account, we will use commercially reasonable efforts to stop using the deleted User
Content, except that: (i) copies may remain in routine backups for a limited period; and (ii) we may retain
and use User Content to the extent required by law, for dispute resolution, enforcement of these Terms, or
for recordkeeping purposes.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other
information relevant to the Service (“Submissions”) provided by you to The Blue are non-confidential
and The Blue will be entitled to the unrestricted use and dissemination of these Submissions for any
purpose (including improving the Service) without acknowledgment or compensation to you; provided
that Submissions do not include User Content submitted for the purpose of obtaining Concierge Services,
or personal data governed by our Privacy Policy.
You acknowledge and agree that The Blue may preserve content and may also disclose content if required
to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c)
respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or
personal safety of The Blue, its users and the public. You understand that the technical processing and
transmission of the Service, including your content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5.4 Copyright Complaints:
The Blue respects the intellectual property of others. If you believe in good faith that any materials on the
Sites infringe upon your copyrights, please send the following information to The Blue’s Copyright
Designated Agent at support@myria.us:
● Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a representative
list of such works at that site;
● Identification of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the material;
● Your address, telephone number, and email address;
● A statement by you that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the information in your notification is
accurate, and that you are the copyright owner or are authorized to act on the copyright
owner’s behalf;
● A physical or electronic signature of the copyright owner or the person authorized to act on
behalf of the owner of the copyright interest.
You may also contact our Copyright Designated Agent by mail with a complete set of the above
information at:
Copyright Designated Agent
The Blue
Los Angeles, CA 90069
5.5 Counter-Notice:
If you believe that your User Content that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or
pursuant to the law, to upload and use the content in your User Content, you may send a written
counter-notice containing the following information to the Copyright Agent: your physical or electronic
signature; identification of the content that has been removed or to which access has been disabled and the
location at which the content appeared before it was removed or disabled; a statement that you have a
good faith belief that the content was removed or disabled as a result of mistake or a misidentification of
the content; and your name, address, telephone number, and email address, a statement that you consent to
the jurisdiction of the federal court located within Los Angeles County, California and a statement that
you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, The Blue will send a copy of the counter-notice to
the original complaining party informing that person that it may replace the removed content or cease
disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against
the content provider, member or user, the removed content may be replaced, or access to it restored, in 10
to 14 business days or more after receipt of the counter-notice, at our sole discretion.
5.6 Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, The Blue has adopted a policy of terminating, in
appropriate circumstances and at The Blue's sole discretion, users who are deemed to be repeat infringers.
The Blue may also at its sole discretion limit access to the Service and/or terminate the memberships of
any users who infringe any intellectual property rights of others, whether or not there is any repeat
infringement.
6. Safety, Health and Assumption of Risk Disclaimer
The Blue is not a medical provider, therapist, emergency service, security service, or insurer, and The
Blue does not provide medical, mental health, safety, legal, or travel/immigration advice. The Blue’s
Service is a concierge and coordination service that may provide general information, recommendations,
and facilitation of reservations, travel, event attendance, experiences, and other activities through
Third-Party Providers. You acknowledge and agree that any information provided through the Service is
not a substitute for professional advice from qualified providers, and you are solely responsible for
deciding whether any travel, activity, venue, event, experience, product, or service is appropriate for you
and your guests.
YOU ACKNOWLEDGE THAT TRAVEL, ATTENDING EVENTS (INCLUDING SPORTING
EVENTS), DINING OUT, PARTICIPATING IN ACTIVITIES OR EXPERIENCES, AND
PURCHASING OR USING LUXURY ITEMS MAY INVOLVE INHERENT RISKS, INCLUDING
WITHOUT LIMITATION INJURY, ILLNESS, PROPERTY LOSS OR THEFT, PERSONAL SAFETY
RISKS, CROWD-RELATED INCIDENTS, ALCOHOL-RELATED RISKS, WEATHER AND
ENVIRONMENTAL CONDITIONS, TRANSPORTATION INCIDENTS, AND RISKS ASSOCIATED
WITH THIRD-PARTY PROVIDERS, VENUES, OR OTHER ATTENDEES. YOU VOLUNTARILY
ASSUME ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN, AND AGREE THAT, TO THE
MAXIMUM EXTENT PERMITTED BY LAW, The Blue WILL NOT BE LIABLE FOR ANY
CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES ARISING OUT OF OR
RELATING TO YOUR (OR YOUR GUESTS’) TRAVEL, ATTENDANCE, PARTICIPATION, OR
PURCHASES, INCLUDING ANY ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS OR
OTHER THIRD PARTIES.
You are responsible for (a) complying with all applicable laws, rules, venue policies, ticketing terms, and
instructions of any Third-Party Provider; (b) obtaining any required passports, visas, permits,
vaccinations, waivers, insurance, or other documentation; (c) confirming any age restrictions, dress codes,
health/fitness requirements, accessibility needs, dietary needs/allergies, and safety requirements; and (d)
accurately disclosing to The Blue any constraints or sensitivities that could impact your requests
(including dietary restrictions, allergies, mobility/accessibility needs, or other limitations relevant to the
requested experience). You should promptly seek professional advice where appropriate (including
medical advice for health-related concerns and local expert advice for safety or security concerns).
If the Service includes, or you request, wellness-related experiences (for example, spa services, fitness
sessions, or similar activities), you agree to consult appropriate professionals as needed and acknowledge
that The Blue does not diagnose, treat, or provide medical guidance. You should not rely on the Service
for emergency assistance; if you believe you or someone else may be in danger, contact emergency
services immediately.
The Blue reserves the right to decline, suspend, or cancel any request or access to the Service if The Blue
believes (in its reasonable discretion) that fulfilling the request could be unsafe, unlawful, violates
Third-Party Provider terms, or otherwise poses an undue risk to you, your guests, The Blue, or any third
party.
7. Rights and Terms for Apps
Rights in App Granted. Subject to your compliance with these Terms (and any applicable Commercial
Terms), The Blue grants to you a limited non-exclusive, non-transferable, revocable license, with no right
to sublicense, to download and install a copy of the App on a mobile device or computer that you own or
control and to run such copy of the App solely for your own personal, non-commercial purposes in
connection with accessing and using the Service (including submitting requests for Concierge Services
and receiving communications through the App). You may not copy the App, except for making a
reasonable number of copies for backup or archival purposes. Except as expressly permitted in these
Terms, you may not:
● copy, modify or create derivative works based on the App;
● distribute, transfer, sublicense, lease, lend or rent the App to any third party;
● reverse engineer, decompile or disassemble the App; or
● make the functionality of the App available to multiple users through any means.
The Blue reserves all rights in and to the App not expressly granted to you under these Terms.
Accessing App from an App Store. The following terms apply to any App accessed through or
downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where
the App may now or in the future be made available (each an “App Provider”). You acknowledge and
agree that:
● These Terms are between you and The Blue, and not with the App Provider, and The
Blue (not the App Provider), is solely responsible for the App.
● The App Provider has no obligation to furnish any maintenance and support services with
respect to the App.
● In the event of any failure of the App to conform to any applicable warranty, you may
notify the App Provider, and the App Provider will refund the purchase price for the App
to you (if applicable) and, to the maximum extent permitted by applicable law, the App
Provider will have no other warranty obligation whatsoever with respect to the App. Any
other claims, losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty will be the sole responsibility of The Blue.
● The App Provider is not responsible for addressing any claims you have or any claims of
any third party relating to the App or your possession and use of the App, including, but
not limited to:
1. product liability claims;
2. any claim that the App fails to conform to any applicable legal or regulatory
requirement; and
3. claims arising under consumer protection or similar legislation.
● In the event of any third party claim that the App or your possession and use of that App
infringes that third party’s intellectual property rights, The Blue will be solely responsible
for the investigation, defense, settlement and discharge of any such intellectual property
infringement claim to the extent required by these Terms.
● The App Provider and its affiliates are third-party beneficiaries of these Terms as related
to your license to the App, and that, upon your acceptance of the Terms, the App Provider
will have the right (and will be deemed to have accepted the right) to enforce these Terms
as related to your license of the App against you as a third-party beneficiary thereof.
● You represent and warrant that
1. you are not located in a country that is subject to a U.S. Government embargo, or
that has been designated by the U.S. Government as a terrorist-supporting
country;
2. you are not listed on any U.S. Government list of prohibited or restricted parties;
3. you are not an individual, or associated with an entity, designated under the UK’s
Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and
4. you are not otherwise subject to or affected in any way by any national security
or terrorism related rules whether applicable to you personally or to your location
or other circumstances.
You must also comply with all applicable third party terms of service when using the App.
8. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources
on the Internet, including sites and platforms operated by Third-Party Providers (such as hotels, airlines,
restaurants, venues, ticketing platforms, tour operators, retailers, and other providers). The Blue has no
control over such sites and resources and The Blue is not responsible for and does not endorse such sites
and resources. You further acknowledge and agree that The Blue will not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any content, availability, pricing, policies, events, goods or services available on or through
any such site or resource. Any dealings you have with third parties found while using the Service are
between you and the third party, and you agree that The Blue is not liable for any loss or claim that you
may have against any such third party.
9. Indemnity and Release
To the fullest extent permitted by law, you agree to release, defend, indemnify and hold harmless The
Blue and its affiliates, and each of their respective officers, directors, employees, contractors, agents,
successors and assigns (collectively, the “The Blue Parties”) from and against any and all losses,
liabilities, claims, demands, damages, costs and expenses (including reasonable attorneys’ fees) arising
out of or relating to: (a) your access to or use of the Service or any Concierge Services; (b) your User
Content or any information you submit or provide through the Service; (c) your violation of these Terms,
any applicable Commercial Terms, or any applicable law, rule, or regulation; (d) your violation of any
rights of any third party (including any Third-Party Provider); (e) your interactions or transactions with
any Third-Party Provider, including any reservation, booking, ticketing, travel, experience, purchase,
cancellation, refund, dispute, chargeback, or claim; or (f) any actual or alleged negligent or wrongful act
or omission by you or any person acting on your behalf in connection with the Service, Concierge
Services, or any Third-Party Provider.
The Blue reserves the right, at your expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify the The Blue Parties, and you agree to cooperate with The Blue’s
defense of these claims. You agree not to settle any matter without The Blue’s prior written consent,
which will not be unreasonably withheld.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general
release does not extend to claims which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially affected his settlement with
the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
10. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE (INCLUDING ANY
SERVICE CONTENT, RECOMMENDATIONS, INFORMATION, AND ANY CONCIERGE
SERVICES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED HEREIN, The Blue EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Blue MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY, AVAILABILITY, OR TERMS OF
ANY RESERVATIONS, TICKETS, TRAVEL, EXPERIENCES, DINING, GOODS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED, RESERVED, BOOKED, OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU ACKNOWLEDGE AND AGREE THAT THIRD-PARTY PROVIDERS (INCLUDING HOTELS,
AIRLINES, RESTAURANTS, VENUES, EVENT ORGANIZERS, TOUR OPERATORS, RETAILERS,
AND OTHER PROVIDERS) ARE INDEPENDENT THIRD PARTIES, NOT UNDER The Blue’S
CONTROL, AND The Blue MAKES NO WARRANTIES REGARDING ANY THIRD-PARTY
PROVIDER’S PERFORMANCE, AVAILABILITY, QUALITY, SAFETY, PRICING, POLICIES
(INCLUDING CANCELLATION/REFUND/NO-SHOW POLICIES), OR COMPLIANCE WITH LAW.
ANY TRANSACTIONS WITH THIRD-PARTY PROVIDERS ARE BETWEEN YOU AND THE
APPLICABLE THIRD PARTY.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Blue WILL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR
DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF The Blue HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE
OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE OR ANY THIRD-PARTY PROVIDER; (V) ANY
RESERVATIONS, BOOKINGS, TICKETS, TRAVEL, EXPERIENCES, DINING, EVENTS, OR
OTHER GOODS OR SERVICES ARRANGED, PURCHASED, OR OBTAINED IN CONNECTION
WITH THE SERVICE (INCLUDING ANY CANCELLATIONS, NO-SHOW FEES, REFUNDS,
CHARGEBACKS, OR DISPUTES WITH THIRD-PARTY PROVIDERS); OR (VI) ANY OTHER
MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL The Blue’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR
CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID The Blue UNDER THE
APPLICABLE COMMERCIAL TERMS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE
HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR
WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF
THE SERVICE.
12. Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING
YOUR RIGHT TO FILE A LAWSUIT IN COURT.
12.1 Informal Resolution:
Before filing a claim against The Blue, you agree to try to resolve the dispute informally by contacting
The Blue at support@myria.us and providing: (a) your name; (b) the email address associated with your
account; (c) a brief description of the dispute; and (d) the relief you seek. We will try to resolve the
dispute informally by contacting you at the email address you provide or that is associated with your
account. If a dispute is not resolved within thirty (30) days after you send notice, you or The Blue may
begin a formal proceeding.
12.2 Arbitration Agreement:
Except for disputes that qualify for small claims court, and except for claims for injunctive or other
equitable relief to stop unauthorized use or abuse of the Service or infringement/misappropriation of
intellectual property rights, you and The Blue agree that any dispute, claim, or controversy arising out of
or relating to these Terms, the Service, any Concierge Services, or any applicable Commercial Terms
(including formation, performance, breach, termination, enforcement, interpretation, validity, or scope)
will be resolved by binding arbitration on an individual basis.
The arbitration will be administered by JAMS (or, if JAMS is unavailable, a mutually agreed alternative)
in accordance with its applicable rules, including the JAMS Streamlined Arbitration Rules and
Procedures, unless the arbitrator determines the JAMS Comprehensive Arbitration Rules apply. Judgment
on the award may be entered in any court having jurisdiction. The arbitrator shall have exclusive authority
to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this
arbitration agreement, including any claim that all or any part of this arbitration agreement is void or
voidable.
Unless you and The Blue agree otherwise, the arbitration will take place in Los Angeles County,
California. You and The Blue agree that the arbitration may be conducted based on written submissions,
by telephone, or by video conference, and that any in-person hearing will be held in Los Angeles County,
California, unless the arbitrator determines another location is required by applicable law.
12.3 Class Action Waiver:
YOU AND The Blue AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR
REPRESENTATIVE PROCEEDING. Unless both you and The Blue agree otherwise, the arbitrator may
not consolidate more than one person’s claims and may not otherwise preside over any form of
representative or class proceeding.
12.4 Mass Arbitration / Batch Procedures:
To the extent permitted by applicable law and the applicable arbitration rules, if twenty-five (25) or more
similar arbitration demands are submitted against The Blue by or with the assistance of the same law firm,
group of law firms, or organizations, within a reasonably close time period, you and The Blue agree that
JAMS (or the applicable administrator) may administer the demands in batches, and the parties agree to
cooperate in good faith to implement batching, bellwether, or other efficiency procedures consistent with
the administrator’s rules. Nothing in this subsection prevents either party from participating in a
coordinated resolution process.
12.5 Opt-Out:
You may opt out of this arbitration agreement by sending a written notice of your decision to opt out to
support@myria.us within thirty (30) days of (a) your first acceptance of these Terms, or (b) any update to
this arbitration agreement, whichever is later. Your notice must include your name, your account email
address, and a clear statement that you want to opt out of arbitration. If you opt out, neither you nor The
Blue can require the other to arbitrate, and you may pursue claims in court consistent with these Terms.
12.6 Governing Law / Venue for Non-Arbitrable Claims:
These Terms (and any disputes not subject to arbitration) are governed by the laws of the State of
California, without regard to conflict of laws rules. For any action or proceeding that is not subject to
arbitration, you and The Blue agree to submit to the exclusive jurisdiction of the state and federal courts
located in Los Angeles County, California, and you waive any objection based on inconvenient forum.
12.7 Time Limit to Bring Claims:
To the fullest extent permitted by law, any claim or cause of action arising out of or related to these Terms
or the Service must be filed within one (1) year after such claim or cause of action arose; otherwise, the
claim is permanently barred.
13. Termination
You agree that The Blue, in its sole discretion, may suspend or terminate your account (or any part
thereof) or your use of the Service, and remove and discard any content within the Service, for any
reason, including, without limitation, for lack of use or if The Blue believes that you have violated or
acted inconsistently with these Terms, any applicable Commercial Terms, or applicable law. The Blue
may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof,
with or without notice.
You agree that any termination of your access to the Service under any provision of these Terms may be
effected without prior notice, and acknowledge and agree that The Blue may immediately deactivate or
delete your account and all related information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that The Blue will not be liable to you or any third party for
any termination of your access to the Service.
Upon termination, any rights or licenses granted to you under these Terms will immediately cease.
Sections that by their nature should survive termination (including, without limitation, ownership
provisions, warranty disclaimers, limitation of liability, indemnity, dispute resolution, and any payment
obligations accrued under the Commercial Terms) shall survive termination. Termination will not affect:
(a) any amounts owed to The Blue under the Commercial Terms; or (b) any obligations you have to
Third-Party Providers (including for reservations, tickets, travel, experiences, purchases, cancellation
fees, no-show fees, or other charges imposed by Third-Party Providers).
14. Accessibility
The Blue is committed to making its Service accessible to all users, including individuals with
disabilities. While The Blue strives to ensure that its website, mobile application, and related digital
services conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, we acknowledge
that some content or features provided by Third-Party Providers may not meet these standards, as such
content is outside of The Blue's control.
If you experience difficulty accessing any part of the Service due to a disability, please contact us at
support@myria.us We will make reasonable efforts to provide the information or assistance you need
through an alternative means. The Blue does not guarantee that any specific travel, dining, event, or
experience arranged through Concierge Services will meet your individual accessibility requirements.
You are responsible for confirming accessibility needs directly with the relevant Third-Party Provider
prior to making a reservation, booking, or purchase. The Blue will, upon request, use reasonable efforts to
assist you in communicating accessibility requirements to Third-Party Providers, but cannot guarantee
their compliance.
Nothing in these Terms limits any rights you may have under the Americans with Disabilities Act (ADA),
the Rehabilitation Act, or other applicable federal or state accessibility laws.
15. Disputes Between Users
If the Service allows you to interact with other users (for example, through referrals, shared itineraries,
group communications, or other collaborative features), you agree that you are solely responsible for your
interactions with any other user in connection with the Service, and The Blue will have no liability or
responsibility with respect thereto. The Blue reserves the right, but has no obligation, to become involved
in any way with disputes between you and any other user of the Service, including to monitor, moderate,
remove content, or restrict access, in The Blue’s sole discretion.
16. Force Majeure
The Blue will not be liable for any delay, failure, or inability to perform its obligations under these Terms
(including facilitating or completing any Concierge Services) to the extent that such delay or failure is
caused by circumstances beyond The Blue's reasonable control, including but not limited to: acts of God;
natural disasters (including earthquakes, floods, fires, or storms); pandemics, epidemics, or public health
emergencies; war, terrorism, civil unrest, or government action; labor disputes or strikes; power outages
or internet or telecommunications failures; or the failure, cancellation, or unavailability of any Third-Party
Provider.
In the event of a force majeure, The Blue will use commercially reasonable efforts to notify you promptly
and to resume performance as soon as reasonably practicable. The Blue's obligations will be suspended
for the duration of the force majeure event. This clause does not affect any obligations or rights you may
have directly with Third-Party Providers, including with respect to cancellation policies, refunds, or other
terms set by those providers.
17. General
These Terms (together with any Commercial Terms and any other policies or notices The Blue may post
or provide in connection with the Service, including the Privacy Policy) constitute the entire agreement
between you and The Blue and govern your use of the Service, superseding any prior agreements between
you and The Blue with respect to the Service. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other The Blue services, affiliate services, Third-Party
Provider offerings, third-party content or third-party software.
You agree that The Blue may provide you with notices, including those regarding changes to these Terms,
by email, regular mail, in-app notifications, or postings on the Service, in The Blue’s sole discretion. You
may not assign these Terms, by operation of law or otherwise, without The Blue’s prior written consent.
Any attempt by you to assign these Terms without such consent will be null and void. The Blue may
assign these Terms (and any rights or obligations hereunder) without restriction. Subject to the foregoing,
these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
The failure of The Blue to exercise or enforce any right or provision of these Terms will not constitute a
waiver of such right or provision. If any provision of these Terms is found by an arbitrator or court of
competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should
endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of
these Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
A printed version of these Terms and of any notice given in electronic form will be admissible in judicial
or administrative proceedings based upon or relating to these Terms to the same extent and subject to the
same conditions as other business documents and records originally generated and maintained in printed
form.
The section titles in these Terms are for convenience only and have no legal or contractual effect. The
words “include,” “includes,” and “including” will be deemed to be followed by “without limitation.”
You and The Blue agree that no joint venture, partnership, employment, or agency relationship exists
between you and The Blue as a result of these Terms or use of the Service. You acknowledge that The
Blue is providing concierge and coordination services and does not act as an agent, fiduciary, broker, or
insurer for you, except to the limited extent expressly authorized by you in writing for the purpose of
carrying out a specific request (for example, placing a reservation or booking), and even then solely as
your limited agent for that purpose.
You agree that these Terms will not be construed against The Blue by virtue of having drafted them.
18. Questions? Concerns? Suggestions?
Please contact us at 1424 Rising Glen Road, Los Angeles CA United States 90069, support@myria.us, or
through our support channels on the Service to report any violations of these Terms or to pose any
questions regarding these Terms or the Service.
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Subscript
Terms of Service
Effective Date: January 1, 2026
1. Welcome to The Blue
1.1 Introduction:
The Blue (formerly Myria Services, Inc.) (“The Blue,” “we,” “us,” “our”) provides its services (described below) to you through its website located at (the.blue) (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms”). Please read these Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. PLEASE READ THESE TERMS CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 12 (BINDING ARBITRATION; CLASS ACTION/JURY TRIAL WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
1.2 Modifications to Terms of Service:
We reserve the right, in our sole discretion, to change or modify portions of these Terms at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.
1.3 Privacy:
At The Blue, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
1.4 Commercial Terms:
Your use of, and participation in, certain Services may be subject to additional terms, policies, and guidelines (“Commercial Terms”) and such Commercial Terms will either be listed in these Terms of Service or will be presented to you for your acceptance when you sign up to use the Service. If these Terms of Service are inconsistent with the Commercial Terms, the Commercial Terms shall control with respect to such Service. The Terms of Service and any applicable Commercial Terms are referred to herein as the “Agreement.”
1.5 Cookies
The Blue and its service providers use cookies, pixel tags, web beacons, and similar tracking technologies on the Site and App to operate and improve the Service, personalize your experience, analyze usage, and deliver relevant communications. By using the Service, you consent to our use of these technologies as described in our Privacy Policy.
You may control or disable certain cookies through your browser settings or device preferences; however, disabling cookies may affect the functionality of the Service. The Blue honors applicable opt-out mechanisms as required by law, including those provided under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). California residents have the right to opt out of the sale or sharing of personal information; to exercise this right, please contact us at support@myria.us The Blue does not respond to browser "Do Not Track" signals at this time, but will honor any legally required opt-out mechanisms as they become applicable.
2. Access and Use of the Service
2.1 Use Description:
The Service is a concierge and lifestyle assistance service designed for your personal, non-commercial use. Through the Service, you may submit requests and receive assistance, recommendations, information, planning support, and facilitation services related to (by way of example) vacations and travel (including hotels, transportation, and itineraries), dining and restaurants, sporting events, entertainment, experiences, memberships, and other luxury items and activities (collectively, “Concierge Services”).
Subject to your compliance with these Terms, The Blue grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site, App, and Service solely for your personal, non-commercial use. Except for the foregoing limited license, no right, title, or interest is transferred to you. You agree not to resell, redistribute, or commercially exploit the Service or any Concierge Services (including by acting as an intermediary for third parties, using the Service to support a business, or offering the results of the Service as part of a paid service).
You acknowledge and agree that: (a) Concierge Services may include introductions to, referrals to, recommendations for, and/or coordination with third parties (e.g., hotels, airlines, restaurants, venues, event organizers, guides, retailers, or other providers) (“Third-Party Providers”); (b) Third-Party Providers are independent of The Blue and are not under The Blue’s control; and (c) availability, pricing, terms, and conditions for any reservations, tickets, travel, experiences, or purchases are set by Third-Party Providers and may change at any time. The Blue does not guarantee availability of any reservation, ticket, upgrade, product, or experience, even if a request is submitted or discussed.
To the extent The Blue facilitates or coordinates a reservation, booking, ticket purchase, or other transaction with a Third-Party Provider at your request, you authorize The Blue to communicate with the Third-Party Provider and to share the information reasonably necessary to fulfill your request (for example, your name, contact information, preferences, special requests, and other details you provide). Any transaction for goods or services offered by a Third-Party Provider (including any applicable rules, restrictions, waivers, cancellation policies, refund policies, and additional fees) is between you and the applicable Third-Party Provider, and you are responsible for reviewing and complying with all applicable Third-Party Provider terms.
The Blue may revoke your license to use the Service at any time in its sole discretion. Upon such revocation, you must promptly cease all use of the Service.
2.2 Your Registration Obligations:
You may be required to register with The Blue in order to access and use certain features of the Service. By registering for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.
You must be at least 18 years of age to register for or use the Service. By registering, you represent and warrant that you are 18 years of age or older. The Blue reserves the right to verify your age at any time as a condition of accessing or continuing to use the Service. As part of this verification process, The Blue may require you to submit a valid, government-issued photo identification document (such as a passport, driver's license, or national identity card). The Blue may use a third-party identity verification provider to process this information, subject to that provider's terms and privacy policy.
If you are unable or unwilling to provide satisfactory proof of age upon request, The Blue may, in its sole discretion, suspend or permanently terminate your account without notice or refund. Any account found to have been created by or on behalf of a person under 18 years of age will be immediately terminated, and any associated fees may be forfeited to the extent permitted by applicable law. If you become aware that a minor has gained access to the Service through your account, you must notify The Blue immediately at support@myria.us
2.3 Member Account, Password and Security:
You may never use another's account, and you may not provide another person with the username and password to access your account. You should maintain control over all of the devices that are used to access the Service. If you fail to maintain control of a device, other users may access the Service through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify The Blue of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. The Blue will not be liable for any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to Service:
The Blue reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Blue will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of your account information or submitted materials for any period of time beyond what may be required by applicable law.
2.5 Mobile Services:
The Service may include certain services that are available via a mobile device, including (i) the ability to upload or transmit information and materials to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number in connection with the Service (including support, account-related messages, and messages related to fulfilling your requests). We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your The Blue account information to ensure that your messages are not sent to the person that acquires your old number.
2.6 Data Retention
The Blue retains your account information and User Content for as long as your account remains active or as necessary to provide the Service. Upon termination or deletion of your account, The Blue will use commercially reasonable efforts to delete or anonymize your personal data within ninety (90) days, except that The Blue may retain data for the following periods where applicable:
The Blue will not retain your personal data for longer than is necessary for the purposes described in these Terms and our Privacy Policy. For more information about how we handle your data, please see our Privacy Policy.
3. Terms of Sale
3.1 Fees:
To the extent the Service or any portion thereof is made available for any fee, you will be required to agree to and comply with additional Commercial Terms that set forth the applicable fees, payment schedule, billing cadence, renewal (if any), and other purchase-related terms. Commercial Terms may be presented to you via an order form, membership agreement, statement of work, invoice/estimate, in-app or online checkout flow, or other written terms provided by The Blue in connection with your purchase. The Commercial Terms are incorporated into these Terms by this reference.
You represent and warrant to The Blue that any payment information you provide is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay The Blue the amounts specified in the applicable Commercial Terms (as well as any applicable taxes) in accordance with those Commercial Terms and these Terms, and you authorize The Blue (and our payment processors, as applicable) to charge your payment instrument accordingly.
In connection with Concierge Services, you understand that Third-Party Providers (e.g., hotels, airlines, restaurants, venues, tour operators, retailers, and other providers) may impose their own fees, deposits, minimum spends, no-show fees, cancellation charges, and other policies, and you are responsible for all such amounts and compliance with any applicable Third-Party Provider terms. To the extent The Blue processes payments on your behalf for Third-Party Providers, you authorize The Blue to charge your payment instrument for amounts you approve or that are otherwise disclosed to you in connection with fulfilling your requests (including deposits and fees subject to Third-Party Provider policies).
If you dispute any charges, you must let The Blue know within sixty (60) days after the date that The Blue charges you, unless the applicable Commercial Terms state a different dispute period. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on The Blue’s net income.
3.2 Recurring Subscriptions:
If the applicable Commercial Terms include an auto-renewal feature (“Recurring Subscription”), you authorize The Blue to maintain your account information and charge that account automatically upon renewal with no further action required by you. In the event that The Blue is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, The Blue may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
The Blue may change the price for Recurring Subscriptions from time to time as permitted by the applicable Commercial Terms and will communicate any required notices to you in advance. Unless otherwise stated in the Commercial Terms, price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect.
Payments are nonrefundable and there are no refunds or credits for partially used periods, except as expressly set forth in the applicable Commercial Terms or required by law. Following any cancellation, you will continue to have access to the Service through the end of your then-current paid subscription period, unless the Commercial Terms state otherwise. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
If and as available, if you purchase any Service through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by The Blue. Except as otherwise explicitly stated by The Blue, the third-party marketplace will be solely responsible for making refunds under its refund policy, and The Blue will have no refund obligations. The Blue disclaims any responsibility or liability related to any third-party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy.
3.3 Third-Party Payment Processors: You agree to pay us, through our payment processors, all charges at the prices then in effect for any purchase in accordance with the applicable Commercial Terms and payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
4. Conditions of Use
4.1 User Conduct:
4.2 Commercial Use: Unless otherwise expressly authorized herein or by The Blue in writing (including in any applicable Commercial Terms), you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is solely for your non-commercial, personal use.
4.3 Special Notice for International Use; Export Controls:
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
5. Intellectual Property Rights
5.1 Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by The Blue, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by The Blue from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of The Blue, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by The Blue.
The The Blue name and logos are trademarks and service marks of The Blue (collectively the “The Blue Trademarks”). Other The Blue, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to The Blue. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of The Blue Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of The Blue Trademarks will inure to our exclusive benefit.
5.2 Third Party Material:
Under no circumstances will The Blue be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that The Blue does not pre-screen content, but that The Blue and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, The Blue and its designees will have the right to remove any content that violates these Terms or is deemed by The Blue, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
5.3 User Content Transmitted Through the Service:
With respect to the content or other materials you upload, submit, transmit, or otherwise provide through the Service (collectively, “User Content”), including without limitation requests, preferences, itinerary details, guest lists, travel documents you provide, and other information you submit to enable Concierge Services, you represent and warrant that you own all right, title and interest in and to such User Content, or that you otherwise have all required rights and permissions to provide such User Content to The Blue and for The Blue to use it as contemplated by these Terms, without violation of any third-party rights.
By providing any User Content you hereby grant The Blue, its affiliated companies and service providers, and any Third-Party Providers engaged at your request (collectively, “Service Partners”) a nonexclusive, worldwide, royalty-free, fully paid-up, transferable (as part of a merger, acquisition, corporate reorganization, or sale of substantially all assets), and sublicensable license to host, store, reproduce, transmit, display, format, and modify (solely for technical purposes, such as formatting or compatibility) your User Content only as necessary to: (a) provide, operate, maintain, and support the Service and Concierge Services; (b) fulfill and administer your requests (including sharing information with Third-Party Providers as directed by you or as reasonably necessary to complete bookings, reservations, ticketing, purchases, or other arrangements); (c) prevent fraud, enforce these Terms, and protect the security of the Service; and (d) comply with applicable law.
This license continues for as long as needed for the purposes above. If you delete User Content or terminate your account, we will use commercially reasonable efforts to stop using the deleted User Content, except that: (i) copies may remain in routine backups for a limited period; and (ii) we may retain and use User Content to the extent required by law, for dispute resolution, enforcement of these Terms, or for recordkeeping purposes.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”) provided by you to The Blue are non-confidential and The Blue will be entitled to the unrestricted use and dissemination of these Submissions for any purpose (including improving the Service) without acknowledgment or compensation to you; provided that Submissions do not include User Content submitted for the purpose of obtaining Concierge Services, or personal data governed by our Privacy Policy.
You acknowledge and agree that The Blue may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of The Blue, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5.4 Copyright Complaints:
The Blue respects the intellectual property of others. If you believe in good faith that any materials on the Sites infringe upon your copyrights, please send the following information to The Blue’s Copyright Designated Agent at support@myria.us:
You may also contact our Copyright Designated Agent by mail with a complete set of the above information at:
Copyright Designated Agent
The Blue
Los Angeles, CA 90069
5.5 Counter-Notice:
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Los Angeles County, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, The Blue will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
5.6 Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, The Blue has adopted a policy of terminating, in appropriate circumstances and at The Blue's sole discretion, users who are deemed to be repeat infringers. The Blue may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Safety, Health and Assumption of Risk Disclaimer
The Blue is not a medical provider, therapist, emergency service, security service, or insurer, and The Blue does not provide medical, mental health, safety, legal, or travel/immigration advice. The Blue’s Service is a concierge and coordination service that may provide general information, recommendations, and facilitation of reservations, travel, event attendance, experiences, and other activities through Third-Party Providers. You acknowledge and agree that any information provided through the Service is not a substitute for professional advice from qualified providers, and you are solely responsible for deciding whether any travel, activity, venue, event, experience, product, or service is appropriate for you and your guests.
YOU ACKNOWLEDGE THAT TRAVEL, ATTENDING EVENTS (INCLUDING SPORTING EVENTS), DINING OUT, PARTICIPATING IN ACTIVITIES OR EXPERIENCES, AND PURCHASING OR USING LUXURY ITEMS MAY INVOLVE INHERENT RISKS, INCLUDING WITHOUT LIMITATION INJURY, ILLNESS, PROPERTY LOSS OR THEFT, PERSONAL SAFETY RISKS, CROWD-RELATED INCIDENTS, ALCOHOL-RELATED RISKS, WEATHER AND ENVIRONMENTAL CONDITIONS, TRANSPORTATION INCIDENTS, AND RISKS ASSOCIATED WITH THIRD-PARTY PROVIDERS, VENUES, OR OTHER ATTENDEES. YOU VOLUNTARILY ASSUME ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN, AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, The Blue WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES ARISING OUT OF OR RELATING TO YOUR (OR YOUR GUESTS’) TRAVEL, ATTENDANCE, PARTICIPATION, OR PURCHASES, INCLUDING ANY ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS OR OTHER THIRD PARTIES.
You are responsible for (a) complying with all applicable laws, rules, venue policies, ticketing terms, and instructions of any Third-Party Provider; (b) obtaining any required passports, visas, permits, vaccinations, waivers, insurance, or other documentation; (c) confirming any age restrictions, dress codes, health/fitness requirements, accessibility needs, dietary needs/allergies, and safety requirements; and (d) accurately disclosing to The Blue any constraints or sensitivities that could impact your requests (including dietary restrictions, allergies, mobility/accessibility needs, or other limitations relevant to the requested experience). You should promptly seek professional advice where appropriate (including medical advice for health-related concerns and local expert advice for safety or security concerns).
If the Service includes, or you request, wellness-related experiences (for example, spa services, fitness sessions, or similar activities), you agree to consult appropriate professionals as needed and acknowledge that The Blue does not diagnose, treat, or provide medical guidance. You should not rely on the Service for emergency assistance; if you believe you or someone else may be in danger, contact emergency services immediately.
The Blue reserves the right to decline, suspend, or cancel any request or access to the Service if The Blue believes (in its reasonable discretion) that fulfilling the request could be unsafe, unlawful, violates Third-Party Provider terms, or otherwise poses an undue risk to you, your guests, The Blue, or any third party.
7. Rights and Terms for Apps
Rights in App Granted. Subject to your compliance with these Terms (and any applicable Commercial Terms), The Blue grants to you a limited non-exclusive, non-transferable, revocable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes in connection with accessing and using the Service (including submitting requests for Concierge Services and receiving communications through the App). You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:
The Blue reserves all rights in and to the App not expressly granted to you under these Terms.
Accessing App from an App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
You must also comply with all applicable third party terms of service when using the App.
8. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet, including sites and platforms operated by Third-Party Providers (such as hotels, airlines, restaurants, venues, ticketing platforms, tour operators, retailers, and other providers). The Blue has no control over such sites and resources and The Blue is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that The Blue will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, availability, pricing, policies, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that The Blue is not liable for any loss or claim that you may have against any such third party.
9. Indemnity and Release
To the fullest extent permitted by law, you agree to release, defend, indemnify and hold harmless The Blue and its affiliates, and each of their respective officers, directors, employees, contractors, agents, successors and assigns (collectively, the “The Blue Parties”) from and against any and all losses, liabilities, claims, demands, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Service or any Concierge Services; (b) your User Content or any information you submit or provide through the Service; (c) your violation of these Terms, any applicable Commercial Terms, or any applicable law, rule, or regulation; (d) your violation of any rights of any third party (including any Third-Party Provider); (e) your interactions or transactions with any Third-Party Provider, including any reservation, booking, ticketing, travel, experience, purchase, cancellation, refund, dispute, chargeback, or claim; or (f) any actual or alleged negligent or wrongful act or omission by you or any person acting on your behalf in connection with the Service, Concierge Services, or any Third-Party Provider.
The Blue reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the The Blue Parties, and you agree to cooperate with The Blue’s defense of these claims. You agree not to settle any matter without The Blue’s prior written consent, which will not be unreasonably withheld.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
10. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE (INCLUDING ANY SERVICE CONTENT, RECOMMENDATIONS, INFORMATION, AND ANY CONCIERGE SERVICES) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, The Blue EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Blue MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY, AVAILABILITY, OR TERMS OF ANY RESERVATIONS, TICKETS, TRAVEL, EXPERIENCES, DINING, GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, RESERVED, BOOKED, OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU ACKNOWLEDGE AND AGREE THAT THIRD-PARTY PROVIDERS (INCLUDING HOTELS, AIRLINES, RESTAURANTS, VENUES, EVENT ORGANIZERS, TOUR OPERATORS, RETAILERS, AND OTHER PROVIDERS) ARE INDEPENDENT THIRD PARTIES, NOT UNDER The Blue’S CONTROL, AND The Blue MAKES NO WARRANTIES REGARDING ANY THIRD-PARTY PROVIDER’S PERFORMANCE, AVAILABILITY, QUALITY, SAFETY, PRICING, POLICIES (INCLUDING CANCELLATION/REFUND/NO-SHOW POLICIES), OR COMPLIANCE WITH LAW. ANY TRANSACTIONS WITH THIRD-PARTY PROVIDERS ARE BETWEEN YOU AND THE APPLICABLE THIRD PARTY.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Blue WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF The Blue HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ANY THIRD-PARTY PROVIDER; (V) ANY RESERVATIONS, BOOKINGS, TICKETS, TRAVEL, EXPERIENCES, DINING, EVENTS, OR OTHER GOODS OR SERVICES ARRANGED, PURCHASED, OR OBTAINED IN CONNECTION WITH THE SERVICE (INCLUDING ANY CANCELLATIONS, NO-SHOW FEES, REFUNDS, CHARGEBACKS, OR DISPUTES WITH THIRD-PARTY PROVIDERS); OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT WILL The Blue’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID The Blue UNDER THE APPLICABLE COMMERCIAL TERMS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
12. Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
12.1 Informal Resolution:
Before filing a claim against The Blue, you agree to try to resolve the dispute informally by contacting The Blue at support@myria.us and providing: (a) your name; (b) the email address associated with your account; (c) a brief description of the dispute; and (d) the relief you seek. We will try to resolve the dispute informally by contacting you at the email address you provide or that is associated with your account. If a dispute is not resolved within thirty (30) days after you send notice, you or The Blue may begin a formal proceeding.
12.2 Arbitration Agreement:
Except for disputes that qualify for small claims court, and except for claims for injunctive or other equitable relief to stop unauthorized use or abuse of the Service or infringement/misappropriation of intellectual property rights, you and The Blue agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, any Concierge Services, or any applicable Commercial Terms (including formation, performance, breach, termination, enforcement, interpretation, validity, or scope) will be resolved by binding arbitration on an individual basis.
The arbitration will be administered by JAMS (or, if JAMS is unavailable, a mutually agreed alternative) in accordance with its applicable rules, including the JAMS Streamlined Arbitration Rules and Procedures, unless the arbitrator determines the JAMS Comprehensive Arbitration Rules apply. Judgment on the award may be entered in any court having jurisdiction. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
Unless you and The Blue agree otherwise, the arbitration will take place in Los Angeles County, California. You and The Blue agree that the arbitration may be conducted based on written submissions, by telephone, or by video conference, and that any in-person hearing will be held in Los Angeles County, California, unless the arbitrator determines another location is required by applicable law.
12.3 Class Action Waiver:
YOU AND The Blue AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. Unless both you and The Blue agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
12.4 Mass Arbitration / Batch Procedures:
To the extent permitted by applicable law and the applicable arbitration rules, if twenty-five (25) or more similar arbitration demands are submitted against The Blue by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably close time period, you and The Blue agree that JAMS (or the applicable administrator) may administer the demands in batches, and the parties agree to cooperate in good faith to implement batching, bellwether, or other efficiency procedures consistent with the administrator’s rules. Nothing in this subsection prevents either party from participating in a coordinated resolution process.
12.5 Opt-Out:
You may opt out of this arbitration agreement by sending a written notice of your decision to opt out to support@myria.us within thirty (30) days of (a) your first acceptance of these Terms, or (b) any update to this arbitration agreement, whichever is later. Your notice must include your name, your account email address, and a clear statement that you want to opt out of arbitration. If you opt out, neither you nor The Blue can require the other to arbitrate, and you may pursue claims in court consistent with these Terms.
12.6 Governing Law / Venue for Non-Arbitrable Claims:
These Terms (and any disputes not subject to arbitration) are governed by the laws of the State of California, without regard to conflict of laws rules. For any action or proceeding that is not subject to arbitration, you and The Blue agree to submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and you waive any objection based on inconvenient forum.
12.7 Time Limit to Bring Claims:
To the fullest extent permitted by law, any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose; otherwise, the claim is permanently barred.
13. Termination
You agree that The Blue, in its sole discretion, may suspend or terminate your account (or any part thereof) or your use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if The Blue believes that you have violated or acted inconsistently with these Terms, any applicable Commercial Terms, or applicable law. The Blue may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that The Blue may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that The Blue will not be liable to you or any third party for any termination of your access to the Service.
Upon termination, any rights or licenses granted to you under these Terms will immediately cease. Sections that by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, limitation of liability, indemnity, dispute resolution, and any payment obligations accrued under the Commercial Terms) shall survive termination. Termination will not affect: (a) any amounts owed to The Blue under the Commercial Terms; or (b) any obligations you have to Third-Party Providers (including for reservations, tickets, travel, experiences, purchases, cancellation fees, no-show fees, or other charges imposed by Third-Party Providers).
14. Accessibility
The Blue is committed to making its Service accessible to all users, including individuals with disabilities. While The Blue strives to ensure that its website, mobile application, and related digital services conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, we acknowledge that some content or features provided by Third-Party Providers may not meet these standards, as such content is outside of The Blue's control.
If you experience difficulty accessing any part of the Service due to a disability, please contact us at support@myria.us We will make reasonable efforts to provide the information or assistance you need through an alternative means. The Blue does not guarantee that any specific travel, dining, event, or experience arranged through Concierge Services will meet your individual accessibility requirements. You are responsible for confirming accessibility needs directly with the relevant Third-Party Provider prior to making a reservation, booking, or purchase. The Blue will, upon request, use reasonable efforts to assist you in communicating accessibility requirements to Third-Party Providers, but cannot guarantee their compliance.
Nothing in these Terms limits any rights you may have under the Americans with Disabilities Act (ADA), the Rehabilitation Act, or other applicable federal or state accessibility laws.
15. Disputes Between Users
If the Service allows you to interact with other users (for example, through referrals, shared itineraries, group communications, or other collaborative features), you agree that you are solely responsible for your interactions with any other user in connection with the Service, and The Blue will have no liability or responsibility with respect thereto. The Blue reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service, including to monitor, moderate, remove content, or restrict access, in The Blue’s sole discretion.
16. Force Majeure
The Blue will not be liable for any delay, failure, or inability to perform its obligations under these Terms (including facilitating or completing any Concierge Services) to the extent that such delay or failure is caused by circumstances beyond The Blue's reasonable control, including but not limited to: acts of God; natural disasters (including earthquakes, floods, fires, or storms); pandemics, epidemics, or public health emergencies; war, terrorism, civil unrest, or government action; labor disputes or strikes; power outages or internet or telecommunications failures; or the failure, cancellation, or unavailability of any Third-Party Provider.
In the event of a force majeure, The Blue will use commercially reasonable efforts to notify you promptly and to resume performance as soon as reasonably practicable. The Blue's obligations will be suspended for the duration of the force majeure event. This clause does not affect any obligations or rights you may have directly with Third-Party Providers, including with respect to cancellation policies, refunds, or other terms set by those providers.
17. General
These Terms (together with any Commercial Terms and any other policies or notices The Blue may post or provide in connection with the Service, including the Privacy Policy) constitute the entire agreement between you and The Blue and govern your use of the Service, superseding any prior agreements between you and The Blue with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other The Blue services, affiliate services, Third-Party Provider offerings, third-party content or third-party software.
You agree that The Blue may provide you with notices, including those regarding changes to these Terms, by email, regular mail, in-app notifications, or postings on the Service, in The Blue’s sole discretion. You may not assign these Terms, by operation of law or otherwise, without The Blue’s prior written consent. Any attempt by you to assign these Terms without such consent will be null and void. The Blue may assign these Terms (and any rights or obligations hereunder) without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
The failure of The Blue to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The section titles in these Terms are for convenience only and have no legal or contractual effect. The words “include,” “includes,” and “including” will be deemed to be followed by “without limitation.”
You and The Blue agree that no joint venture, partnership, employment, or agency relationship exists between you and The Blue as a result of these Terms or use of the Service. You acknowledge that The Blue is providing concierge and coordination services and does not act as an agent, fiduciary, broker, or insurer for you, except to the limited extent expressly authorized by you in writing for the purpose of carrying out a specific request (for example, placing a reservation or booking), and even then solely as your limited agent for that purpose.
You agree that these Terms will not be construed against The Blue by virtue of having drafted them.
18. Questions? Concerns? Suggestions?
Please contact us at 1424 Rising Glen Road, Los Angeles CA United States 90069, support@myria.us, or through our support channels on the Service to report any violations of these Terms or to pose any questions regarding these Terms or the Service.