Terms and Conditions

§ 1 Provider and Scope

(1) The provider of Blursafe is:

Blursafe
Owner: Timm Lehmann
Osterland 6a
31832 Springe
Germany

Email: info@blursafe.com

(2) These General Terms and Conditions apply to contracts regarding the provision and use of the Blursafe software as well as related services between Blursafe and its customers.

(3) Customers can be both consumers within the meaning of § 13 BGB (German Civil Code) and entrepreneurs within the meaning of § 14 BGB.

(4) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.

(5) An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

(6) Deviating terms and conditions of the customer only apply if Blursafe has expressly agreed to their validity.

§ 2 Subject Matter of the Contract

(1) Blursafe is software designed to support the recognition, review, processing, redaction, pseudonymization, and anonymization of information in documents and images.

(2) For this purpose, Blursafe can use various local processing and recognition methods, in particular rule-based methods, optical character recognition (OCR), local AI methods, and functions to support recurring user decisions.

(3) The specific scope of functions results from the product description valid at the time the contract is concluded, the selected license model, and the respective software version.

(4) The processing of documents and images opened by the customer with Blursafe takes place locally on the customer's terminal device. This includes the actual document processing, including the local analysis, OCR, and AI functions used for this purpose.

(5) Licensing, activation, payment, email, download, and update infrastructures are technically separated from the actual processing of document content.

(6) Blursafe does not owe any legal or data protection advice and, in particular, does not replace an individual assessment by a data protection officer, lawyer, or other qualified consultant.

§ 3 Conclusion of the Contract

(1) The presentation of Blursafe on the website does not generally constitute a binding contract offer, but rather an invitation to the customer to place an order.

(2) By completing the designated ordering process, the customer submits a binding offer to conclude a contract for the selected license model.

(3) Payment processing can be carried out via the payment service provider Stripe.

(4) The contract is concluded as soon as Blursafe accepts the order, provides the license, or communicates this through a corresponding confirmation.

(5) Prior to submitting a payment-obligated order, the customer will be shown, in particular, the essential features of the service, the total price, the selected billing interval, the contract term, and the conditions for automatic renewal.

§ 4 Prices and Payment

(1) The prices specified in the order process at the time of the order shall apply.

(2) Unless otherwise stated, prices include the legally prescribed value-added tax, if applicable.

(3) Payment is made using the payment methods offered in the ordering process.

(4) Stripe may be used for payment processing.

(5) Payment for the first billing period is generally due upon conclusion of the contract.

(6) In the case of a subscription, subsequent billing periods will be charged at the beginning of each new billing period.

(7) If a due payment fails, Blursafe may take appropriate measures to recover payment in accordance with statutory provisions and, if necessary, temporarily restrict the paid license.

(8) Statutory rights of the customer remain unaffected.

§ 5 Monthly and Annual Subscription, Term and Termination

(1) Blursafe can be offered in particular as a monthly subscription or an annual subscription.

Monthly Subscription

(2) For the monthly subscription, the respective billing period is one month.

(3) The monthly subscription automatically renews for an additional month at the end of each billing period unless it has been canceled.

(4) The monthly subscription can be canceled at any time to the end of the currently running billing period.

Annual Subscription

(5) For the annual subscription, the respective billing period is one year.

(6) The annual subscription automatically renews for an additional year at the end of each billing period unless it has been canceled.

(7) The annual subscription can be canceled at any time to the end of the currently running billing period.

General Termination Rules

(8) An ordinary termination generally ends the subscription upon expiry of the already paid billing period. Until this point, the license generally remains usable.

(9) A payment already made for the current billing period is generally not refunded pro rata upon ordinary termination, unless statutory claims of the customer conflict with this.

(10) Consumers can terminate a contract concluded online for a continuing obligation via the legally provided electronic termination option, provided that § 312k BGB applies to the contract. Blursafe provides a correspondingly accessible electronic termination option for this purpose.

(11) In addition, termination in text form, in particular by email to info@blursafe.com, remains possible, provided no clearer or easier termination option is provided.

(12) The right of both parties to extraordinary termination for good cause remains unaffected.

§ 6 Free Trial Phase

(1) Blursafe can be tested free of charge for three days before concluding a paid contract.

(2) To use the trial phase, neither a paid order nor the provision of payment data is generally required.

(3) The trial phase generally begins with the first actual activation of the trial use on the respective device.

(4) To manage the trial phase, technical information may be stored locally on the device, particularly the start and status of the trial phase, as well as information to protect against manipulation.

(5) During the active trial phase, the regular product functions intended for the trial version are available. Internal development, diagnostic, or test functions may be excluded from this.

(6) After the trial phase has expired, a valid license is required to continue using the paid functions.

(7) There is no entitlement to a new free trial phase for the same device or the same user.

(8) Blursafe may change or discontinue future trial offers. A trial phase that has already properly begun will generally not be retroactively shortened as a result.

§ 7 Provision and License Key

(1) Upon successful conclusion of the contract, the purchased license will be made available to the customer in the designated form.

(2) A license key may, in particular, be provided by email.

(3) The customer is obliged to protect the license key and other access data from unauthorized access by third parties.

(4) The customer may only use a license key within the scope of the purchased license model.

(5) Blursafe may offer options to restore or re-provide a license upon justified proof of an existing contract.

§ 8 Device Binding and Hardware ID

(1) A Blursafe license can be bound to a limited number of devices.

(2) A Hardware ID of the device used may be processed for technical device binding.

(3) The permitted number of devices results from the respective license model or product description.

(4) The Hardware ID serves in particular to assign a device to a license and to protect against abusive multiple use.

(5) In the event of a justified device change, Blursafe may provide technical options to release or re-assign a device.

(6) The customer must not bypass or manipulate technical measures for device binding.

§ 9 Rights of Use

(1) The customer receives a simple, non-exclusive, and non-transferable right to use the software to the agreed extent for the duration of the contract.

(2) Use is permitted exclusively for the customer's own private or business purposes.

(3) Renting, sublicensing, passing on, or making the software or a license key publicly available is impermissible without the prior consent of Blursafe.

(4) The customer may not decompile, reverse engineer, or otherwise determine the source code of the software, unless this is permitted by mandatory statutory provisions.

(5) Mandatory statutory rights remain unaffected.

§ 10 Local Document Processing and Data Protection

(1) The processing of documents and images opened by the customer with Blursafe takes place locally on the customer's terminal device.

(2) This includes, in particular, the actual document analysis as well as the functions used for this purpose such as optical character recognition (OCR), recognition, review, redaction, and pseudonymization, as well as local AI methods, provided these are part of the respective software version.

(3) Document contents are not transmitted to Blursafe or external AI or cloud services for this document processing.

(4) Insofar as Blursafe provides functions for local user learning, this processing also takes place locally on the terminal device.

(5) The learning data permanently stored within the scope of local user learning does not contain any document texts or recognized personal content in plain text. To process an explicit user decision, the respective value can be processed temporarily in the main memory before its local derivation or assignment.

(6) Local learning or recognition functions must not replace the customer's responsibility for the final check of the processing result.

(7) Technical data separate from document processing may be processed for license management, device binding, update provision, contract execution, and abuse prevention, in particular license information, license status, Hardware ID, software version, IP address, as well as technical request and security information.

(8) Within the framework of purchasing and contract transactions, in particular, name, email address, payment status, Stripe reference IDs, as well as subscription and billing information may be processed.

(9) For sending license and transactional emails, necessary data can be transmitted to the email service provider used.

(10) Details result from the respective applicable privacy policy.

§ 11 Recognition of Personal and Sensitive Data

(1) Blursafe serves as an assistant tool to support the recognition, review, redaction, pseudonymization, and other processing of personal or sensitive content.

(2) For this purpose, different local recognition methods can be combined with one another. This can include, in particular, rule-based methods, optical character recognition (OCR), local AI methods, and locally stored rules derived from explicit user decisions.

(3) The recognition quality can depend in particular on the quality, resolution, structure, layout, language, readability, and nature of the processed documents and images.

(4) Complete, absolutely error-free, or legally conclusive recognition of all personal or sensitive information is not owed.

(5) Automated or semi-automated processing can result in both unrecognized sensitive content and erroneously recognized content.

(6) The customer is responsible for appropriately checking the processing result before publishing, passing it on, or using it in any other productive way.

(7) Blursafe does not replace a legal or data protection case-by-case assessment.

(8) Statutory warranty and liability rights remain unaffected.

§ 12 Obligations of the Customer

The customer undertakes in particular,

• to use Blursafe only lawfully,

• to process only such documents and data that they are authorized to process,

• to check processing results appropriately before publishing, passing them on, or using them in any other productive way,

• to protect license keys and access data from unauthorized access,

• not to bypass technical protection measures,

• not to use the software for unlawful purposes,

• to install provided security-relevant updates within a reasonable time, and

• to create appropriate backup copies of their own documents and data.

§ 13 Updates and Security Updates

(1) For consumer contracts on digital products, Blursafe provides those updates, including security updates, that are necessary to maintain the contractual conformity of the digital product during the legally relevant period, and informs the consumer of their availability.

(2) The customer should install provided updates within a reasonable period of time.

(3) If a consumer fails to install a properly provided update, the statutory requirements shall apply with regard to defects resulting therefrom.

(4) In addition, Blursafe may provide functional improvements, extensions, and further developments.

(5) Security-relevant updates may be technically required to continue a secure use of Blursafe.

§ 14 Availability of the Online Infrastructure

(1) Blursafe endeavors to provide the licensing, activation, download, and update infrastructure as disruption-free as possible.

(2) Uninterrupted availability is not promised unless this has been expressly agreed contractually.

(3) Temporary restrictions may occur in particular due to maintenance work, security measures, technical disruptions, attacks, or disruptions at third-party providers.

(4) The availability of this online infrastructure is to be distinguished from the actual local processing of document content.

(5) Statutory rights of the customer remain unaffected.

§ 15 Changes to the Software

(1) Blursafe can further develop and change the software in the course of updates.

(2) This can include, in particular, the further development, addition, or modification of local recognition, OCR, AI, learning, security, and processing functions.

(3) In the case of permanent provision to consumers, changes that go beyond the changes required to maintain contractual conformity may only be made within the statutory framework.

(4) Valid reasons can be in particular:

• technical developments,

• improvements to recognition or processing methods,

• adaptations to operating systems or platforms,

• security requirements,

• abuse or fraud prevention,

• legal or regulatory changes, as well as

• necessary adjustments to third-party technical interfaces.

(5) Insofar as a change impairs the accessibility or usability of the software in a non-insignificant manner, the statutory information and termination rights apply.

§ 16 Open Source and Third-Party Components

(1) Blursafe may contain third-party components or open-source software.

(2) Additional license conditions of the respective right holders may apply to such components.

(3) If necessary, corresponding license texts or notices will be provided with the software.

§ 17 Rights in Case of Defects and Warranty

(1) The statutory defect rights shall apply.

(2) For consumer contracts on digital products, the statutory provisions of §§ 327 et seq. BGB apply in particular.

(3) A digital product must correspond in particular to the statutory subjective, objective, and, if applicable, integration requirements. Public statements and other legally relevant circumstances can also be decisive for the objectively expectable quality.

(4) Guarantees are only assumed if they are expressly designated as such.

(5) The statutory rights of the consumer are not restricted by these Terms and Conditions.

§ 18 Liability

(1) Blursafe is liable without limitation for damages resulting from intent and gross negligence.

(2) Blursafe is also liable without limitation in the event of culpable injury to life, body, or health, as well as in other cases mandatorily provided by law.

(3) In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the damage foreseeable at the time of contract conclusion and typical for the contract.

(4) Otherwise, liability for simple negligence is excluded to the extent permitted by law.

(5) The limitations of liability apply accordingly in favor of the legal representatives and vicarious agents of Blursafe.

(6) For data loss, Blursafe is liable, to the extent permitted by law, only up to the amount of the typical recovery effort that would have been incurred in the event of proper and regular data backup.