BlueFinch Patch - Terms of Service

Welcome to BlueFinch Patch. These Terms of Use (“Terms”) govern your access to and use of BlueFinch Patch (“Service”), provided by BlueFinch Commerce Limited (“BlueFinch”, “we”, “us”, “our”).

By using BlueFinch Patch, you agree to these Terms of Use. If you do not agree, please do not use the Service.

1. Overview of the Service

BlueFinch Patch is a GitHub-integrated SaaS platform that helps developers, agencies, and merchants manage patches, security fixes, and upgrades for their Magento and Adobe Commerce websites.

BlueFinch Patch enables users to:

• Connect their GitHub repositories for analysis (via the GitHub App).

• Identify compatibility risks related to security patches and updates.

• Generate reports on potential issues and fixes.

• Receive recommendations on patch management.

2. GitHub Integration & Repository Access

By using BlueFinch Patch, you may choose to connect your GitHub repository via the GitHub App integration. This grants BlueFinch Patch read-only access to certain repository data.

2.1 What Data We Access

When you authorize the GitHub integration, we may access:

• Repository metadata (e.g., repository name, branches, commit history).

• Codebase (only to analyze security vulnerabilities and compatibility issues).

• GitHub Actions and workflows (for build and deployment insights, if relevant).

2.2 How We Use Your GitHub Data

We access repository data solely to:

• Analyse compatibility of patches and upgrades.

• Identify potential issues with Magento and Adobe Commerce installations.

• Generate security and performance reports.

2.3 What We Do NOT Do

• We do NOT modify, delete, or write to your GitHub repositories.

• We do NOT store your full source code permanently.

• We do NOT share your repository data with third parties.

2.4 How to Revoke Access

You can disconnect BlueFinch Patch from GitHub at any time via your GitHub account settings.

3. User Responsibilities

By using BlueFinch Patch, you agree that:

• You own or have permission to connect the GitHub repositories you link.

• You will not use the Service for unauthorized or illegal activities.

• You will not attempt to access other users’ repositories without permission.

If we suspect misuse, we reserve the right to suspend or terminate your access.

4. Subscription & Fees

BlueFinch Patch operates on a subscription-based model.

• Pricing details are available on our website or in-app.

• Subscriptions auto-renew unless cancelled.

• Refunds are subject to our Refund Policy (if applicable).

5. Refund Policy

The Company offers a no-quibble 30-day money-back guarantee for all purchases.

If a Client is not satisfied with the service within the first 30 days, they may request a full refund by contacting support.

Refund requests must be made in writing and include a reason for the cancellation, although no justification is required for the refund to be granted.

Refunds will be processed within 7 business days of the request being approved.

This guarantee does not apply to customised development work or services outside of the core BlueFinch PATCH offering.

6. Security & Data Protection

We are committed to maintaining the confidentiality, integrity, and security of your data. BlueFinch Patch:

• Uses industry-standard encryption (TLS/SSL for data in transit and AES-256 for data at rest where applicable).

• Employs role-based access controls, secure authentication, and regular security audits to protect access to user data.

• Only stores data required to deliver the core functionality of the Service (e.g. generated reports), and does not retain full repository source code after analysis.

• Complies with applicable data protection regulations, including the UK GDPR and the Data Protection Act 2018.

For more information on how we process and protect your personal and repository data, please refer to our Privacy Policy.

7. Confidentiality

We understand that the code and related data accessed through BlueFinch Patch may contain proprietary, commercially sensitive, or confidential information. Accordingly, BlueFinch agrees to the following:

7.1 Obligations

BlueFinch agrees to:

• Maintain the confidentiality of all Confidential Information using at least the same degree of care that it uses to protect its own confidential information, and in no event less than reasonable care.

• Not disclose Confidential Information to any third party, except to team members, who need to know such information to support the delivery of the Service and who are bound by confidentiality obligations no less protective than those set out in these Terms.

• Not use the Confidential Information for any purpose other than to perform its obligations and provide the Service as expressly permitted by these Terms.

7.2 Exclusions

Confidential Information does not include information that:

• Was publicly known and made generally available prior to the time of disclosure;

• Becomes publicly known and made generally available after disclosure through no act or omission of BlueFinch;

• Was already in BlueFinch’s lawful possession without confidentiality obligations prior to disclosure;

• Is lawfully disclosed to BlueFinch by a third party without restriction; or

• Is independently developed by BlueFinch without reference to or use of the Confidential Information.

7.3 Required Disclosure

BlueFinch may disclose Confidential Information if required to do so by law, subpoena, or court order, provided it gives you prompt written notice (where legally permissible) and cooperates with you in seeking to limit the disclosure.

7.4 Duration of Confidentiality

These confidentiality obligations shall continue:

• For the duration of your use of the Service; and

• For a period of three (3) years following termination or expiration of your account, unless otherwise agreed in writing.

8. Limitation of Liability

To the fullest extent permitted by law:

• BlueFinch Commerce Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues (whether incurred directly or indirectly), or any loss of data, use, or goodwill, arising from:

  • Your use of or inability to use the Service;

  • Any unauthorised access to or use of our servers or your data;

  • Any bugs, viruses, or other harmful code transmitted via the Service;

  • Your implementation (or failure to implement) any patches or recommendations generated by the Service.

  • Our total aggregate liability shall not exceed the total fees paid by you in the 12 months preceding the claim.

• We do not guarantee that our service will identify all security issues or be error-free.

• You assume full responsibility for implementing recommended patches or upgrades.

9. Termination of Service

We may suspend or terminate your access if:

• You violate these Terms of Use.

• Your subscription expires or is cancelled.

• We discontinue the Service (with reasonable notice).

You may cancel your subscription at any time.

10. Governing Law & Dispute Resolution

These Terms are governed by the laws of England & Wales.

Any disputes will be resolved through arbitration or mediation before court proceedings.

11. Changes to These Terms

We may update these Terms periodically. Changes take effect upon posting. Your continued use constitutes acceptance of updates.

12. Contact Information

For questions regarding these Terms:

Email: hello@bluefinchcommerce.com

Company Address: 20 Middle Street, Brighton, BN1 1AL

Definitions

For the purposes of these Terms of Service (“Terms”), the following definitions apply:

• “BlueFinch”, “we”, “us”, “our” - Refers to BlueFinch Commerce Limited, the provider of the BlueFinch Patch service.

• “Service” - Refers to the BlueFinch Patch platform, a SaaS solution designed to help developers, agencies, and merchants manage patches, security fixes, and upgrades for Magento and Adobe Commerce websites.

• “User”, “you”, “your” - Refers to the individual or entity accessing or using the Service.

• “GitHub Integration” - The mechanism by which users connect their GitHub repositories to the Service, enabling read-only access for compatibility analysis, vulnerability scanning, and report generation.

• “Repository Data” - Includes code, commit history, workflows, and other metadata accessed from a connected GitHub repository via the Service.

• “Confidential Information” - All non-public, proprietary, or commercially sensitive information, including code, technical documentation, business data, or other content disclosed by you or accessed by us through the Service or GitHub Integration, as further defined in Section 6.

• “Report(s)” - The output generated by the Service for the User, including but not limited to vulnerability scans, compatibility assessments, patch recommendations, and summaries of findings.

• “Subscription” - A paid plan that grants access to the Service under specified terms and duration, subject to fees and auto-renewal unless cancelled by the User.

• “Terms” - This Terms of Service agreement, including all referenced policies, amendments, and updates made available by BlueFinch.

Version 1.2 - Updated April 2025