This is an English convenience translation. In case of discrepancies, the German version (AGB) is legally binding. The contract is governed by German law.
1. Scope
(1) These general terms and conditions (“Terms") apply to all contracts between Arti-IT, owner Albert Milaqi, Pinner Straße 11, 42579 Heiligenhaus, Germany (“Provider" or “we") and the customer regarding services in the areas of web development, IT services, app development and the provision of Software as a Service (SaaS), in particular the products Blina Desk AI and Blina Space.
(2) The version of the Terms valid at the time the contract is concluded shall apply.
(3) Deviating, conflicting or supplementary terms of the customer only become part of the contract if we have expressly agreed to them in writing.
(4) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code, BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity acting in the exercise of their trade, business or profession (§ 14 BGB).
2. Subject of the services
(1) The specific scope of services results from the respective offer, the service description or the selected product/plan description.
2.1 Services (web, IT, apps)
We provide services such as the conception, design, development and maintenance of websites, web and mobile apps as well as individual IT services. Unless a specific work result is expressly agreed, we owe the professional provision of the agreed services.
2.2 SaaS products (Blina Desk AI, Blina Space)
We provide the respective software to the customer over the internet as Software as a Service. The software remains on our infrastructure or that commissioned by us; the customer receives a simple, non-transferable right of use for the term of the contract. The scope of functions, storage and usage limits depend on the chosen plan.
(2) We are entitled to continuously develop, update and modify individual functions of the SaaS products, provided this is reasonable for the customer and the contractually agreed main purpose is not materially impaired.
3. Conclusion of contract
(1) The presentation of services and products on our website does not constitute a legally binding offer but an invitation to submit an offer.
(2) For individual services, the contract is concluded through our order confirmation or by commencement of the service.
(3) For SaaS products, the contract is concluded upon completion of the order/registration process or activation of access. For paid subscriptions, the contract is concluded upon confirmation of the order via the payment service provider.
4. Prices & payment
(1) The prices stated at the time the contract is concluded apply. All prices are exclusive of statutory VAT where applicable.
(2) SaaS subscriptions are charged in advance according to the chosen billing period (monthly or annual). Usage-based add-on packages (e.g. AI quotas, storage) are billed according to the plan.
(3) Payment is processed via external payment service providers (in particular Stripe Payments Europe Ltd.). Their terms for payment processing apply in addition.
(4) If the customer defaults on a payment, we are entitled to suspend access to paid services after prior notice. Statutory default interest remains unaffected.
5. SaaS: availability, trial & cooperation
(1) Availability: We strive for high availability of the SaaS products. Excluded are periods during which the servers are unavailable due to maintenance, force majeure or other reasons beyond our control. Planned maintenance will be announced in advance where possible.
(2) Trial: Where a free trial is offered, it ends automatically after the stated period and does not automatically convert into a paid subscription unless expressly agreed otherwise.
(3) Customer obligations: The customer must keep access data confidential, use their content lawfully and not upload or process any unlawful, harmful or third-party-rights-infringing content. The customer is solely responsible for the content they upload.
(4) Data backup: We perform regular backups. For individual services this does not relieve the customer of their own responsibility to back up their data where possible and reasonable.
6. Rights of use
(1) For individually created works (e.g. websites, apps) we grant the customer the agreed rights of use after full payment. Unless otherwise agreed, the customer receives a simple, temporally and spatially unrestricted right of use for the contractually intended purpose.
(2) For the SaaS products and the underlying software, the customer only receives the right of use described in section 2.2, limited to the term of the contract. All further rights remain with us or the respective rights holders.
(3) Open-source components and third-party services used are subject to their respective applicable license terms.
7. Right of withdrawal for consumers
Consumers have a statutory right of withdrawal for distance contracts.
Withdrawal instructions
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us (Arti-IT, owner Albert Milaqi, Pinner Straße 11, 42579 Heiligenhaus, Germany, email: info@arti-it.de) by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
Early expiry: For contracts on the supply of digital content not on a tangible medium or for services, the right of withdrawal expires if we have begun performance with your express consent and you have confirmed your awareness that you thereby lose your right of withdrawal.
8. Warranty / defects
(1) The statutory provisions apply unless otherwise stated below.
(2) For SaaS services, the customer must report defects to us without undue delay. We remedy reported, reproducible defects within a reasonable period.
(3) Towards entrepreneurs, the limitation period for defect claims regarding work services is one year from acceptance, unless mandatory statutory provisions (e.g. fraudulent intent) state otherwise.
9. Liability
(1) We are liable without limitation for damages resulting from injury to life, body or health, and for damages based on intentional or grossly negligent breach of duty, as well as under the German Product Liability Act.
(2) In the case of slightly negligent breach of a material contractual obligation (cardinal obligation) — one whose fulfilment makes the proper performance of the contract possible at all and on whose compliance the customer may regularly rely — our liability is limited to the foreseeable damage typical for the contract.
(3) Any further liability for slight negligence is excluded. The above limitations of liability also apply in favour of our legal representatives and vicarious agents.
(4) We are liable for the loss of data only to the extent that the damage would also have occurred despite proper and regular data backup by the customer.
10. Data protection & processing
(1) Information on the processing of personal data can be found in our privacy policy.
(2) Where we process personal data on behalf of the customer in the context of SaaS use, the parties conclude a data processing agreement under Art. 28 GDPR. Our Data Processing Agreement (DPA) is incorporated for this purpose.
11. Term & termination
(1) SaaS subscriptions are concluded for the chosen billing period and renew automatically for the same period unless terminated in time.
(2) Terminations are possible via the account settings or in text form (e.g. email).
(3) The right to extraordinary termination for good cause remains unaffected for both parties.
(4) After the contract ends, we make the customer's data available for export for a reasonable period and then delete it in accordance with statutory and contractual requirements.
12. Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of their country of habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes is our place of business.
(3) Consumer dispute resolution: The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
(4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.