Blitz Products GmbH, Heinrich-Roller-Str. 16B, 10405 Berlin, Germany (hereafter referred to as ‘blitz’) provides an online-portal (hereafter referred to as ‘Portal’), via a subdomain of our website www.blitz-app.com (hereafter ‘Website’), which allows the user to engage in online instant messaging (hereafter ‘Meetings’).
The following General Terms and Conditions of Business are effective between us as Website provider and you as user of the portal. Conflicting, additional or customer terms & agreements deviating from these General Terms and Conditions do not apply unless blitz has specifically agreed to them becoming effective. Download, use and installation of additional software is subject to separate licensing conditions.
Your registration on our Website is a prerequisite for the use of the Portal we provide.There is no claim or legal entitlement to the use of our services. We have the right to reject applications at our discretion with no reasons given.
Upon conclusion of a contract with costs we provide you with a Portal for instant messaging within the scope agreed upon, for the price/service fee agreed upon and subject to these General Terms and Conditions of Business during the duration of the contract. The usage right for our Portal (including the conditions and limitations) is granted to you exclusively by us and subject to these General Terms and Conditions of Business. You are entitled to invite further colleagues and/or guests (hereafter ‘Participants’) to the Meetings you conduct via the Portal.
Throughout the duration of scheduled maintenance downtime, the service available via thePortal will be limited. The user’s entitlement/claim to the use of the Portal is limited to such usage as within the parameters imposed on us by technological and internal operational limitations. We are highly committed to ensuring that we provide the best usability experience possible for our Portal keeping disruptions/downtime to a minimum. However, due to technical faults (such as an interruption of power supplies, hardware or software failure, or technical difficulties in data transmission lines or connection loss) temporary reduction or loss of availability may occur.
You are obliged to supply correct contact data and maintain it up-to-date. Any costs that might afflict blitz as a consequence of incomplete and/or untruthful supply of data, may be passed on to you as the user. It is your obligation to ensure that you are approachable via the email account provided at registration/first login. Further, it is your obligation to keep your login data secret vis-à-vis any unauthorized third parties. To ensure no one infringes on your access to blitz your user name and password in particular are to be stored in such a way that makes it impossible for unauthorized third parties to acquire access to this data. You are obliged to inform blitz without delay as soon as you find out that unauthorized third parties obtained your login data. Third Parties using our services contractually with your consent and knowledge are not unauthorized third party users.
It is your responsibility to ensure the necessary technological preconditions for the use of our Portal. Should there be any disruptions of our service while you are using the Portal, you will inform us of these disruptions without delay. It is your responsibility to ensure that you own the necessary rights of use for any presentations, image-, video- and other material (hereafter referred to as ‚Content’) you use in a blitz Meeting you participate in. You are solely responsible for the content you upload. It is your responsibility to ensure that you are not be it through information, comments, data, or content uploaded into the video conferences you initiate or participate via the Portal violating applicable law or standards of public decency or morality, infringing on third party property rights and refraining from remarks that may be discriminatory or violate third person rights. The user is obliged to further ensure that the participants invited to join a session will comply with paragraph 6 and 7 of this provision while using the Portal.
Should concrete indications exist that you violated or you are currently violating - these General Terms and Conditions and/or applicable law, we reserve the right to issue a warning to you. In case of a substantial or repeated violation of these General Terms and Conditions and/or applicable law by you as well as in case well-founded suspicion of a breach of duty as set forth under § 4 sec. 6 or 7 exists, we have the right to bar you from accessing (logging-in) to our Portal temporarily or permanently. Throughout the decision-making process concerning a suspension as discussed in sec. 2, we will respect your justified concerns and will inform you of each suspension and its specific reason immediately via email. If we suspend a user’s access to our service temporarily or permanently as laid out in sec. 2, you are still obliged to pay the service fee agreed upon. You must not create a new account for yourself or use our services via different means of access provided on our Website.
If we should become aware that data or content communicated via our Portal violates our General Terms and Conditions and/or applicable law, we reserve the right to deactivate such data in part or in their entirety. Sec. 3 of this paragraph shall apply mutatis mutandis.
The contract is valid for the duration of the use of the Portal by you. All contractual partners retain the right to terminate the contract for justified cause with immediate effect. For blitz such a justified cause exists in particular if you violate substantial contractual duties, in particular the contractual duty to observe applicable law, and if you are not refraining from such violations after receiving a written warning notice or notification of blocking of such content by blitz. We have the right to disable your account in conjunction with the termination of this contract. Notices of termination require written form. An email is a sufficient means of fulfilling the necessity of ‚written form’.
If we are obliged to pay damages to an end-user as provider of a publicly accessible telecommunication service, if not based on fraudulent intent, liability is limited to a maximum of 12.500,00 Euro per end-user. In case the duty of liability occurs through an unintended uniform act or an unintended uniformly damaging incident vis-à-vis several customers and it is not based on fraudulent intent, the duty of liability remains without prejudice to the limitation set forth in sentence 1 limited in total to 10 million Euros. If the total amount of claims for compensation by all users suffering the same damage exceeds the upper limit, then the individual compensation amounts shall be reduced at the same proportional rate that exists between the total amount of claims and the upper limit. The limitation of liability as according to sentences 1 to 3 does not apply to the claims for damages, which result from a delayed payment of compensations. Otherwise, we shall be liable irrespective of the legal grounds as follows:
a) Should you suffer any kind of damage due to the use of our free services, we shall be liable subject to the provisions under subparagraph c) only if the damage you suffered occurred on grounds of usage of our free services as stipulated in the contract, and only in cases of malice/fraudulent intent and gross negligence.
b) With regard to the use of those of our services subject to charge, we shall be liable subject to the provisions under subparagraph c) for claims for damages or the reimbursement of expenses made in vain, according to the following regulations: aa) in the case of fraudulent intent or gross negligence with no limitations concerning the amount; bb) in the case of slight negligence, insofar a contractual duty has been violated which is of particular significance/decisive importance for fulfillment of the contractual purpose (cardinal obligation).Hereby, liability is limited for each individual case of damage to typical contractual damages foreseeable at the closure of the contract. In other respects, damages resulting from slight negligence are excluded from liability.
c) The aforementioned limitations of liability shall not apply to damages following cases of a breach of guaranty or injury to life, limb and health or malice/fraudulent intent, or compulsory product liability laws.
blitz reserves the right to change these General Terms and Conditions at any time, with the validity of these changes extending into existing contractual relationships. We will inform you of such alterations 30 days before they become effective and enter into force. Unless you lodge your objection within the aforementioned 30-day period of receiving our notice and should you continue the use of blitz as usual after the deadline for the opposition period has passed, the alterations enter into force with the expiry of said opposition period. In case an opposition is lodged the contract will be continued according to the previous terms & conditions set forth in the prior contract. We will advise you of your right to lodge an opposition and the consequences thereof in the notification of change at the start of the 30-day period.
We reserve the right to hire third parties as subcontractors in order to fulfill our contractual obligations. We also reserve the right to transfer claims that arise from contracts with you to third parties. The user is not awarded the right to transfer the contract or its user account to third parties. Our registered headquarters are place of fulfillment. If you are a merchant, a legal person under public law, or a special asset under public law, the exclusive venue of jurisdiction in all cases of dispute arising under this contract shall be the court competent at our main place of business, e.g. our registered headquarters. Any mandatory provisions of applicable law providing for exclusive jurisdiction shall remain unaffected. This agreement shall be governed by German law with simultaneous exclusion of the UN Sales Convention on Contract Law (CISG). Should individual provisions of these General Terms and Conditions of Business or parts thereof be or become ineffective, the validity of the remaining provisions shall remain unaffected.
The protection of your personal data is important to us. Below, we would like to inform you in detail about how your data is handled.
You can visit our website without providing any information about yourself. We solely store data without reference to a specific person, for example, the name of your ISP (Internet Service Provider), the web page from which you visited us or the name of the file you requested. This data is only evaluated to improve our range of services and do not allow us to draw conclusions on your person.
Personal data are only collected when you voluntarily give them to us via our contact form or for the conclusion of a contract to use the infrastructure we provide for our service. We use the data you provide solely to fulfill the contract and transact the monthly payments. When your contract is terminated and all payments have been made your data is blocked from further use and will be deleted after the statutory period according to tax and commercial law for record keeping has expired, insofar as you have not given us your express consent for the further use of your data or you have not expressed your objection to receiving our newsletter.
Different pages of our website use so-called “cookies”. They serve to make our Internet presence more user-friendly overall, more effective and safer for example when it comes to speeding up navigation on our website. In addition, cookies allow us to measure the frequency of page views and general navigation. Cookies are small text files that are stored on your computer system. We would like to point out that some of these cookies will be transferred from our server to your computer system, whereby most of them are so-called “session cookies”. “Session cookies” are automatically deleted from your hard disk when the browser session is completed. Other cookies remain on your computer system and allow us to recognize your computer system at your next visit (so-called permanent cookies). Most web browsers have a menu bar that contains a Help feature which tells you how to set your browser so that new cookies can be accepted, how to have the browser notify you when you have received new cookies, and how to delete or block cookies altogether.
Example in Internet Explorer 8.0:
1. On the menu bar under “Extras” select Internet Options.
3. Here you can choose whether cookies should be accepted, selected or denied.
4. Entering “OK” confirms your setting.
Example in Firefox 3:
1. On the menu bar under “Extras” choose Settings.
3. In the drop down menu select “use custom settings”.
Please note, however, that by preventing the installation of cookies you might not be able to fully use all the functions of this website.
By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. You can object to the data collection and data storage through Google at any time in the future. To do so, find our contact address below or in our legal notice. Alternatively, you can use the deactivation add-on by Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=en), where available for your browser.
For payment processing we transfer your payment information to the financial institution instructed to make payment. We also have commissioned a service provider to handle payment transactions (credit cards, direct debit). For this purpose, the service providers require certain details from you, including personal data. These entail your name, address, bank account number and bank code number or credit card number (including validity period), billing amount and currency, as well as the transaction number. These service providers may use this information for payment handling purposes and pass it on to us. They are obliged by us to treat the said information in accordance with the German Data Protection Act.
Our application is hosted by Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany. We have contracted a corresponding data processing agreement with Hetzner Online GmbH, in which we received the necessary warranties and obligations in accordance with § 11 of the German Federal Data Protection Act (BDSG).
In accordance with the German Federal Data Protection Act (BDSG), you have a right to be provided with information free of charge relating to your stored data and, where applicable, a right to have this data amended, blocked or deleted.
For questions regarding the collection, processing or use of your personal data as well as the disclosure, amendment, blocking or deletion of data and the revocation of consents granted, please contact: Julian Steinbuch, General Manager,Blitz Products GmbH, Heinrich-Roller-Str. 16B, 10405 Berlin, Germany mail to: [email protected]
Date: September 1, 2015