General Terms and Conditions
Status: 01/01/2025
1. Subject Matter of the Contract
We, blink.it GmbH, Berliner Allee 47, 64295 Darmstadt (hereinafter referred to as "blink.it" and "we"), have developed the cloud software application blink.it App (hereinafter referred to as "blink.it App"), which can be used online at https://mein.blink.it and other domains. The blink.it App is a platform for creating, distributing, and consuming digital learning content for training, seminars, coaching, or other contexts (especially e-learning content). The blink.it App is internet-based and can be quickly, completely, and user-friendly operated and used worldwide in most common, current browsers. The provision of the blink.it App by blink.it and the obligations of the user of this software (hereinafter referred to as "Customer") are regulated below (jointly hereinafter referred to as "the Parties").
2. Scope and Conclusion of Contract
2.1. These terms and conditions apply exclusively to legal entities or commercially active, fully legally capable individuals or freelancers or companies within the meaning of § 14 BGB.
2.2. The customer’s general terms and conditions only become part of the contract if we have expressly agreed to them in writing.
2.3. The customer applies to use the blink.it software and/or services via an online or PDF order form and simultaneously declares with this application that they are acting in the exercise of a commercial, independent, or freelance activity. Furthermore, they acknowledge the blink.it terms and conditions upon conclusion of the contract. All data requested during registration must be provided truthfully. By agreeing to the terms and conditions online or by confirming the written offer via email or post, a legally binding contract is concluded between the customer and blink.it.
2.4. blink.it grants the customer the non-exclusive and non-transferable right to use the blink.it app for the duration of the contract within the framework of the functionality associated with the software in accordance with these terms and conditions.
2.5. There is no entitlement to conclude a contract. We can reject the customer’s request at any time without stating reasons. In this case, we will of course delete all previously provided information and data.
3. Services and Obligations of blink.it
3.1. blink.it distinguishes between various software packages with different levels of service and functionality, which are made available to the customer during the contract period and are published at https://www.blink.it/preise-trainer.
3.2. The functionality of the software may change over time. The listed features of the respective packages, which are published on the website https://www.blink.it, apply.
3.3. blink.it commits to keeping all received data and information from the blink.it account confidential, using it only in anonymized form for statistics, and not disclosing it to third parties. All data and information remain the property of the customer during the existing contract and will be deleted after the contract expires. Details on data protection can be found in point 10 of this document.
3.4. All server and system components of the blink.it app operate in a network with redundant computers/servers. All hosted information and files are backed up at regular intervals (every 4 hours) and stored on various backups.
3.5. The blink.it app is available to the customer 24 hours a day and 365 days a year with an availability of 97% on average per year (hereinafter referred to as “SLA”) (“System uptime”). If maintenance work is necessary, the blink.it app will not be available. Maintenance work may be carried out without prior notice on Fri., Sat., & Sun. between 7 PM - 3 AM. If maintenance work is required outside of these times, we will inform the customer 14 days in advance. Outages of the blink.it app due to maintenance work will not count towards the SLAs. We are not responsible for internet/network-related downtimes and especially not for outages during which the blink.it app is unreachable due to technical or other problems beyond our control (e.g., force majeure, fault of third parties, etc.).
3.6. The blink.it app supports the following browsers with standard configuration:
Desktop: Microsoft Edge from version 80, Firefox from version 49, Chrome from version 65, and Safari from version 13.
Mobile: iOS Safari version 11.2 and Chrome for Android 64.
In other browsers and versions, there may be a limited range of functions, up to the non-functionality of the blink.it app.
3.7. blink.it enables the customer to contact us by providing an email ticket system, which can be reached via email at kundenservice@blink.it. The customer receives a response on weekdays between 9 AM – 5 PM within 24 hours. There is no entitlement to phone support unless expressly agreed upon.
3.8. blink.it offers the customer an online manual that documents all essential functions, available at https://support.blink.it.
3.9. Fault reports should be sent via email to kundenservice@blink.it and will, unless otherwise agreed, be classified into one of the following defect categories after initial review:
a) Major Defects
A major defect exists when the use of the program is impossible or severely restricted due to malfunctions, incorrect results, or response times.
b) Minor Defects
A minor defect exists when the use of the program is not impossible or severely restricted due to malfunctions, incorrect results, or response times, but the restrictions on use are also not insignificant.
c) Other Reports
Defects that do not fall into categories a) and b) are categorized as other reports. Other reports will be treated as secondary by the provider.
For reports a) and b), blink.it will promptly take appropriate measures based on the circumstances provided by the customer to first locate the cause of the disruption and remedy it as quickly as possible.
If the reported disruption does not turn out to be an error of the contractual services, particularly the provided software, upon initial analysis, blink.it will promptly inform the customer.
If the disruption is an error of the contractual services, blink.it will take appropriate measures for further analysis and to rectify the reported disruption.
blink.it will promptly provide the customer with measures available to bypass or rectify an error of the contractual services, particularly the provided software, such as instructions for action or corrections to the provided software (“Workarounds”). The customer will promptly adopt such measures to bypass or rectify disruptions and will promptly report any remaining disruptions to blink.it upon their implementation.
3.10. After the conclusion of the contract, the customer will have access to the blink.it software within 48 hours on business days after they have submitted all required data for setup. If the customer has chosen a package with custom design, we will set this up within 7 business days after receiving the required data.
4. Obligations of the Customer
4.1. The customer is responsible for the manner in which the blink.it software is used.
4.2. The customer may not misuse the blink.it app; in particular, the customer is responsible for contacting other people using the email functions.
4.3. The customer shall refrain from any activities aimed at making the blink.it software inoperative, manipulating it, or making its use more difficult.
4.4. The customer may not allow multiple natural persons to work with the same login credentials.
4.5. The customer is obliged to protect and keep secret the blink.it access data (email address, account password, and interface password (API)) against unauthorized use by third parties. He must immediately notify blink.it via email or phone if he has reason to suspect that misuse is occurring.
4.6. The customer shall take appropriate precautions to regularly back up the data and content entered, uploaded, and stored by him in the blink.it app and create his own backup copies to ensure that the reconstruction of the data and information can be guaranteed in case of loss.
4.7. If a defect occurs in the software, the customer is obliged to report it immediately via email to kundenservice@blink.it.
5. Rules for Customer Use
5.1. When using the blink.it app, the customer must comply with all applicable laws and other legal regulations of the Federal Republic of Germany. In particular, the customer may not upload and/or distribute any data or content, such as texts, images, graphics, and links, that violate legal provisions, infringe the rights of third-party intellectual property or other rights. The customer is solely responsible for the data and content they provide. We do not check the content for its accuracy, nor for virus-free status or virulent processing capabilities.
5.2. Before uploading any content to the blink.it app, the customer is required to ensure that they hold exclusive rights to use the content and that the public accessibility of the image, video, or other content does not violate legal regulations, public morals, and/or the rights of third parties.
5.3. The customer may not upload and/or publicly disclose files containing depictions of violence, pornographic, discriminatory, insulting, racist, defamatory, or otherwise illegal content or representations.
5.4. The customer and we may delete or replace uploaded images and files at any time. In particular, we are entitled to remove images or files without prior notice if and to the extent that there are concrete indications that the publication on the blink.it app violates legal provisions, public morals, and/or the rights of third parties as well as these terms and conditions.
5.5. It is prohibited to attack the functionality of the blink.it app, for example, by mass mailing (SPAM), hacking attempts, brute-force attacks, the use or sending of spyware, viruses, and worms.
5.6. If the customer violates these rules, we are entitled to warn them, temporarily suspend them, or if necessary, completely exclude them from the use of the blink.it app. We are entitled to remove illegal content immediately.
5.7. The customer must obtain the necessary consents from affected parties before collecting or processing data while using blink.it, unless such is permitted by law.
6. Liability Exemption
6.1. The customer indemnifies us from all claims, including claims for damages, made by other users or third parties, including authorities, against us due to a violation of their rights by the content you have posted on the blink.it app or the personal data used. The customer assumes all reasonable costs, including those arising from legal defense, that we incur due to a violation of third-party rights by the customer. All further rights as well as our claims for damages remain unaffected.
6.2. The above obligations apply only insofar as the customer is responsible for the relevant legal infringement, meaning the customer has knowingly or willfully disregarded the necessary due diligence required in the course of dealings.
7. Contract Duration and Termination
7.1. Unless otherwise agreed in the service contract, the contract for the paid use of the blink.it app is concluded for an indefinite duration. The contract duration is 12 months and can be found on the website (https://www.blink.it/preise-trainer).
7.2. If the contract is not terminated four weeks before the end of the chosen contract duration, it will automatically extend for the contract duration of the chosen tariff. The termination can be made either (A) via the subscription management of the personal blink.it learning platform or (B) by email to kundenservice@blink.it, whereby the termination only becomes valid upon receipt of a written confirmation from blink.it customer service.
7.3. The contract duration begins on the day of the first conclusion of the contract.
7.4. If the customer opts for an upgrade to a higher value blink.it tariff during their contract duration, the contract duration will not be extended but will remain according to the previous tariff. The higher value service will then be charged from the day it is made available by blink.it. Already paid fees will be offset accordingly on the next invoice.
7.5. A change to a lower blink.it tariff (downgrade) is only possible at the end of the chosen contract duration.
7.6. blink.it guarantees the customer constant license fees for at least two years from the conclusion of the contract. After this period, blink.it reserves the right to make price adjustments. These are limited to a maximum of 8 percent per year.
7.8. We are entitled to terminate the contract on our part at the expiration of the respective contract duration with a notice period of 3 months.
8. Prices, Billing, and Payment Terms
8.1. For the use of the blink.it app, the customer pays the agreed usage fee of the chosen tariff in advance at the beginning of the month.
8.2. Upon signing the contract, the customer authorizes blink.it revocably to collect the payments due from the designated bank account by direct debit when they are due. The payment processing via SEPA direct debit and/or credit card is carried out through:
Stripe Payments Europe, Limited
1 Grand Canal Street Lower
Grand Canal Dock
Dublin
D02 H210
Ireland
Email: lerequests@stripe.com
Managing Directors: Edward Moore & Stephen O'Callaghan
8.3. blink.it is entitled to claim a flat fee for processing and bank charges of 20 EUR plus VAT for each instance of payment delay. In the case of payment delay, blink.it is entitled to charge default interest at the rate of six percent above the currently applicable base interest rate of the ECB.
8.4. The customer can retrieve all invoices at any time through their customer dashboard. After the end of the contract, the customer dashboard will still be available for 3 months.
8.5. blink.it reserves the right to deny access to the software if the customer is in arrears with the payment of outstanding fees.
9. Warranty and Liability
9.1. blink.it is liable for damages caused by it or its employees intentionally or through gross negligence – up to the amount of the software fees paid in the last twelve months.
9.2. blink.it excludes liability for slightly negligent breaches of duty, provided that these do not affect material contractual obligations, life, health, or body, or claims under the Product Liability Act. The same applies to breaches of duty by vicarious agents. blink.it also excludes any liability for possible consequences should the customer not use the blink.it software properly and to the best of their knowledge and belief.
9.3. In the case of a slightly negligent violation of a material contractual duty, liability is limited to the total amount that the customer has to pay for the use of the blink.it software during the term as well as to such damages that typically must be considered in the context of the contract. Liability for atypical contractual damages, consequential damages, and loss of profits is excluded.
9.4. As far as blink.it provides technical information or acts in an advisory capacity and this information or advice does not belong to the contractual performance owed by it, this is done free of charge and with the exclusion of any liability.
10. Data Protection
10.1. We will not use user data or content at any time.
10.2. We will not disclose user data or content to third parties, except for the service providers mentioned in 10.8 for the fulfillment of our contractual obligations.
10.3. Both parties will observe the applicable data protection laws, particularly the data protection regulations valid in Germany, and will obligate their employees involved in the contract to maintain data confidentiality. The parties mutually commit to comply with the legal provisions for data protection, particularly regarding the protection goals of confidentiality, integrity, and availability of the GDPR, and ensure their compliance. The provider will adhere to the customer's instructions regarding the handling of this data. The customer bears any adverse consequences of such instructions for the execution of the contract.
10.4. If the customer collects, processes, or uses personal data themselves or through blink.it, they ensure that they are entitled to do so under the applicable, particularly data protection laws, and indemnify blink.it from any claims by third parties in the event of a violation.
10.5. blink.it takes the technical and organizational security precautions and protective measures of the data protection regulations valid in Germany in accordance with Article 32 GDPR. The customer is generally not entitled to demand access to the premises of the software application, servers, operational software, and other system components of the blink.it app. To check data protection and security, certifications from independent testing bodies are submitted (ISO, TüV, etc.).
10.6. The software application, servers, and operational software of the blink.it app are operated in a data center by third parties. The data is stored and processed exclusively within the territory of Germany.
10.7. Our data protection officer for the data processing responsible is Christopher Hutz. Any affected person can contact our data protection officer directly at security@blink.it at any time with questions and suggestions regarding data protection.
10.8. We use the following third-party providers to fulfill our contractual obligations:
We use the server service of Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855 Luxembourg, for the provision of our software. The data is stored and processed in the Availability Zones Frankfurt am Main. AWS is certified, among others, by DIN 27001 and BSI C5. More information on the security / compliance of Amazon AWS can be found at: https://aws.amazon.com/de/compliance/
For creating invoices for our customers, we use the software services of CHARGEBEE INC., 44 Montgomery Street, San Francisco, CA, 94104 United States. You can find the privacy policy at: https://www.chargebee.com/privacy/
To ensure customer service (kundenservice@blink.it), we use the program "Help Scout" from Help Scout Corporation, 131 Tremont Street, 3rd Floor, Boston, MA 02111-1338 USA. The data transmitted to Help Scout is only used for the purpose of the desired contact and will only be used for this purpose. This occurs when an email is sent to kundenservice@blink.it. The data will not be shared or sold to third parties. More information can be found on Help Scout's website: https://www.helpscout.net/company/privacy/
For managing our customer base and sending customer information and newsletters, we use HubSpot (HubSpot Inc., 25 First Street, 2nd Floor Cambridge, MA 02141 United States).
More information from HubSpot regarding EU data protection regulations »
11. Final Provisions and Amendments to the Terms of Use
11.1. The place of jurisdiction for any disputes arising from the business relationship between blink.it and the customer is Darmstadt.
11.2. The law of the Federal Republic of Germany applies.
11.3. If any individual provisions of these Terms of Use are or become invalid, and/or contradict legal regulations, this shall not affect the validity of the remaining Terms of Use. The invalid provision will be replaced by the contracting parties by a provision that comes closest to the economic purpose of the invalid provision in a legally effective manner. The above regulation applies accordingly in case of gaps in regulation.
11.4. We reserve the right to change and adapt these GTC with effect for the future. You can retrieve the current version of the Terms of Use at https://www.blink.it/agb. The customer will be informed of the changes via email at least one month prior to the planned entry into force of the new version of the Terms of Use. If the customer does not object to the applicability of the new Terms of Use within one month after they come into effect, the new Terms of Use shall be deemed accepted. We will separately inform the customer about the significance of the one-month period and the right of objection as well as the legal consequences of silence in an appropriate manner. This amendment mechanism does not apply to changes to the main contractual performance obligations of the parties.