1.1. Blinkin GmbH, located at Raphaelweg 5, 85625 Baiern ("Blinkin"), is the provider of innovative AI solutions designed to enhance productivity, engagement, and collaboration. At the core of Blinkin’s offerings is the AI Launchpad ("Blinkin Launchpad" or “Launchpad”), a centralized hub for AI applications and skills. The platform provides access to a wide range of tools, including Companions (personalized AI assistants for data gathering and engagement), Agents (task-oriented AI systems for automating workflows), Spaces (knowledge management environments for efficient collaboration and information sharing), Bots (interactive AI interfaces for improved user interaction), and Boards (collaborative workspaces for ideation, strategy, and project execution, similar to digital whiteboarding tools offering working alongside AI).

1.2. Blinkin also offers the No-Code Studio ("Blinkin Studio" or “Studio”), an AI-powered platform that enables individuals and companies of all sizes ("Customer/s") to create dynamic UI experiences, interactive workflows, agent-driven tools, and intelligent chat assistants. By leveraging advanced AI Models and Large Language Models (listed in Annex A), Blinkin Studio combines powerful knowledge management capabilities with intuitive design, empowering users to create and scale solutions effortlessly.

1.3. These Terms of Service govern access to and use of Blinkin Website (“Website”) and the Blinkin Platform (“Platform”), which includes the Blinkin Launchpad and Blinkin Studio.

1.4. Agreements on special services or service categories shall become part of the contract with the Customer and shall take precedence in the event of a conflict with these Terms of Service.

1.5. General terms and conditions of the Customer are explicitly excluded unless Blinkin has agreed to them in writing. If Blinkin continues providing services despite being aware of conflicting terms, such action shall not be interpreted as acceptance of the Customer’s terms.

2.1. “Customer” refers to an individual or entity that has entered into an agreement with Blinkin for the use of the Blinkin Platform. The Customer is responsible for its End Users' compliance with applicable laws, including data protection regulations such as the GDPR.

2.2. “End Users” are individuals or entities that interact with the services provided by the Customer via the Blinkin Platform.

2.3. “Visitor” means a person who invokes and thus “visits” a Launchpad; repeated visits by the same person are considered multiple visits.

2.4. "Downgrade" means a reduction in the scope of services offered, booked or individually agreed.

2.5. “Upgrade” means an increase in the offered, booked or individually agreed scope of services.

2.6. “Launchpad” means a dashboard for AI applications and skills that includes companions, agents, agentic apps and chatbots, spaces and boards. 

2.7. “Companion” means a web-based self-service companion created on Blinkin Studio, an interactive inquiry form that digitally captures and/or communicates end-user preferences and/or interest in certain products.

2.8. “Agent” means an intelligent system that perceives, reasons, and acts autonomously to achieve specific goals.

2.9. “Agentic App” means a collection of agents, each assigned dedicated tasks, working together to achieve complex goals.

2.10. “Chatbot” means an AI-powered application designed to simulate human-like conversations, allowing users to interact through text or voice for tasks like answering questions, providing information, or completing actions

2.11. “Space” means a central hub for organizing and structuring knowledge, enabling you to gather, manage, and expand on information from web content to personal files.

2.12. “Board” means a digital whiteboarding tool offering working alongside AI experience for mapping, visualizing and organizing ideas, workflows, and information.

2.13. “Service Agreement” means the paid contractual relationship for the use of the Blinkin services, which is usually concluded after completion of the test phase.

3.1. The subject matter of this Contract is to provide the Customer access to the Blinkin Launchpad and its associated services, including but not limited to:

AI Tools and Services: The Platform offers a wide range of AI applications and skills, including companions (personalized AI assistants), agents (task-oriented AI systems), spaces (knowledge management environments), and bots (interactive AI interfaces). These tools are made available for the purpose of enhancing productivity, facilitating automation, and providing user interactions.

Blinkin Studio: A no-code studio builder that enables the creation of dynamic UI experiences, interactive workflows, and AI-powered applications (such as intelligent chat assistants and agent-driven tools). It empowers users to design and manage AI-driven interfaces and solutions without the need for coding expertise.

3.2. The Platform bundles access to various LLMs (the LLMs available at the time of conclusion of this User Agreement are shown in Annex A). The Platform transmits the Customer’s requests ("Prompt/s") to the selected LLM and the generated responses by the LLM ("Output") to the Customer or the End User. The Platform also includes functions for document management and collaboration within an organizational structure.

3.3. Blinkin provides the Platform to the Customer as a technical infrastructure. The Customer's data is stored on servers in the European Union, unless otherwise agreed. In order to use the Platform, the Customer is required to have their own access to the internet and to use this access to access the Platform.

3.4. Blinkin integrates third-party LLM services but does not control their technical design, data processing mechanisms, or compliance with legal requirements. Customers acknowledge that their use of LLM services is subject to the respective provider’s terms (listed in Annex A). In the event that an LLM provider’s non-compliance with applicable laws, including GDPR, results in legal claims or penalties, Blinkin shall not be liable, except in cases where Blinkin has knowingly integrated an LLM provider that is non-compliant. Customers are responsible for ensuring that their data processing activities comply with applicable regulations.

3.5. If changes in LLM functionality significantly impair the Customer’s use of the Platform, the Customer may terminate the Agreement with a 7-day notice for monthly contracts and a 30-day notice for annual contracts. In such cases, pre-paid amounts for the affected period will be refunded proportionally.

3.6. Blinkin shall only be obliged to modify or adapt the Platform if such modification or adaptation is necessary to maintain the Platform in accordance with the state of the art. Otherwise, Blinkin shall only be obliged to modify, adapt and further develop the Platform when this is specifically agreed between the Parties.

4.1. To access the Platform's services, the Customer must register and create an account on Blinkin Launchpad (http://app.blinkin.io).

4.2. The Customer must be at least 18 years old to use our services and guarantees that all information provided during registration is accurate and complete. Any changes to their details, including address, payment, and contact information, must be promptly updated in their user account.

4.3. The Customer shall ensure that their access data is kept secret and not disclosed to third parties. Employees of the Customer and other users authorized by the Customer who are permitted to use the Platform and for whom the Customer has a license shall not be considered third parties.

5.1. The platform maintains an average availability of 99% per calendar month.

5.2. Unavailability shall mean that the Platform is not available in its entirety due to circumstances for which Blinkin is responsible. Unavailability does not exist if the platform is not available due to circumstances for which Blinkin is not responsible, in particular due to force majeure (in particular war and warlike conditions, natural disasters, epidemics and pandemics, including the COVID-19 pandemic), incorrect operation by the Customer or use by the Customer in breach of contract or due to scheduled maintenance times in accordance with Section 5.3.

5.3. Blinkin may temporarily restrict access to the Platform in order to carry out maintenance work.

5.4. If the Platform has an error or malfunction, the Customer shall immediately notify Blinkin thereof in writing, providing a precise description of the facts and all information necessary to rectify the error ("Feedback Companion").

5.5. An error or malfunction shall be deemed to exist if the Platform does not have the contractually agreed functionalities to the extent that such failure is the responsibility of Blinkin.

5.6. This Section 5 shall not apply to the availability of the LLMs. Blinkin does not guarantee a certain availability of the LLMs and assumes no liability in this respect.

6.1. Blinkin grants the Customer the time-limited, revocable, non-exclusive and non-transferable right to use the Platform to the contractually agreed extent. The right of use expires at the latest upon termination of the Agreement.

6.2. The Customer may only use the Platform for their own business activities. The Platform may only be used to the agreed extent.

6.3. The Customer is not entitled to rent, lease, lend, reproduce, resell or otherwise distribute or pass on the Platform or access to the Platform; to use the Platform to develop their own services that have the same or essentially the same functionalities; to activate and/or use functionalities of the Platform for which Customer has not been granted rights of use; to transfer the rights of use to the Platform to third parties or to grant third parties access to the Platform without Blinkin’s consent; to modify, translate, reproduce, decompile or examine the source code of the Platform, algorithms or other program components, except to the extent permitted by law pursuant to Section 69d or Section 69e of the German Copyright Act (Urheberrechtsgesetz, UrhG); to remove, circumvent, decrypt or otherwise modify the functions associated with the Platform for managing digital rights or for copy protection or other technologies that serve to control access to the Platform; to remove, obscure or modify legal notices, in particular those relating to Blinkin’s intellectual property rights.

6.4. Blinkin remains the owner of the intellectual property rights to the services provided by Blinkin.

6.5. Blinkin is entitled to use Companions, Agents, Agentic Apps, Chatbots, Spaces, Boards designed by customers as part of the optimization and further development of Blinkin’s products.

6.6. Furthermore, Blinkin has no intellectual property rights to the content created and uploaded by customers and to the data and information obtained from end users via individualized companions.

7.1. The Customer is solely responsible within the meaning of the GDPR for End User data that it collects via Companions, Agents, Agentic Apps, Chatbots, Spaces and Boards. The Customer is responsible for ensuring compliance with all data protection requirements. Blinkin does not act as a Data Processor under GDPR and assumes no responsibility for Customer’s processing of End User data.

7.2. The Customer is responsible for the use of information of its end users in compliance with data protection law. Blinkin is not legally obliged to provide the customer with information on the use of information of end users in compliance with data protection law. If Blinkin provides such information, this is non-binding and does not constitute any liability on the part of Blinkin. Liability arising from tort or other statutory provisions remains unaffected.

7.3. Blinkin may collect and analyze anonymized usage data for service improvements, provided that such data does not include personally identifiable information or metadata that could indirectly identify users.

8.1. The Customer grants Blinkin the non-exclusive right to use the content provided by the Customer (including any content created using the Platform, e.g. as part of image generation), in particular communication content (including Prompts, photographs, images, graphics, videos, files, documents, logos and signs, texts, together "Customer Content") during the term of the Agreement to the extent necessary for the fulfillment of the Agreement, in particular to reproduce, edit and transmit such Customer Content, in particular to LLM providers selected by the Customer. The Customer guarantees that the Customer has the necessary rights and/or consents to provide the Customer Content to Blinkin for the purpose of fulfilling the User Agreement. Blinkin shall not acquire any further rights to the Customer content. The Customer remains the sole owner of all rights to the Customer Content provided and/or created by the Customer; the Customer shall be solely responsible for the use of such content.

8.2. The Customer may only store on the Platform or transmit via the Platform such Customer Content (i) which Customer is entitled to use to the extent necessary for the performance of the Agreement, (ii) which does not infringe the rights of third parties (in particular trademark rights, copyrights and other intellectual property rights as well as personal rights) and (iii) which does not contain any illegal, violent, racist, discriminatory or pornographic content. This shall also apply to the content of websites that the Customer uses in connection with Website Integration.

8.3. The customer is not permitted to (i) apply scraping or similar techniques to collect, use for other purposes, republish, or otherwise exploit content, (ii) use techniques or automated services aimed at distorting user activity, such as bots, botnets, scripts, apps, plugins, extensions, or other automated means for account creation, content playback, message sending, or performing similar actions, or (iii) use the Platform’s functions within systems that are considered high-risk systems in accordance with Art. 6 of the AI Act, (EU) 2024/1689.

8.4. Additional requirements of the respective LLM provider may apply to the use of individual LLMs. (Listed in Annex A) The Customer shall be responsible for compliance with these conditions. Blinkin points out that violations of these terms and conditions may lead to exclusion from or restriction of the use of LLMs. Blinkin shall not be liable for any restrictions of Blinkin’s services resulting from a breach by the Customer of the terms and conditions of an LLM provider.

8.5. The Customer shall indemnify Blinkin against all justified third-party claims arising from Customer Content, provided that Blinkin promptly notifies the Customer of such claims and grants them the opportunity to defend against them.

8.6. The Customer shall be responsible for independently creating backup copies of the Customer Content. We as a platform don’t provide backup copies of the content created by customers.

8.7. The Customer shall take appropriate measures to prevent third parties from unauthorized access to the Platform made available to the Customer.

9.1. All amounts are in EUR and without tax. If and to the extent that usage-based costs are invoiced to Blinkin by the respective LLM-provider in USD (or any other foreign currency), such costs will be charged to the user based on the daily exchange rate of the European Central Bank on the last day of the month or, as applicable, the last day of the billing period.

9.2. Unless otherwise agreed, invoices shall be issued to the Customer in electronic form (e.g. by e-mail).

9.3. The Customer may only offset undisputed or legally established claims, unless the claims are reciprocal.

9.4. All price changes shall be communicated to the Customer by e-mail and shall come into effect at the earliest 30 days after such notification by Blinkin. Notifications shall be sent via email to the registered contact address or displayed within the Customer’s account dashboard. In the case that Blinkin increases the remuneration by more than 10%, the Customer shall be entitled to terminate the User Agreement for cause with a notice period of four weeks from receipt of the notification of increase.

10.1. Sections 536 et seq. of the German Civil Code (Bürgerliches Gesetzbuch, BGB) apply to defects in the Platform. Strict liability for initial defects pursuant to Section 536a German Civil Code is excluded. The Customer shall notify Blinkin immediately in writing of any defects.

10.2. Defects shall be remedied at Blinkin's discretion either by repair or replacement free of charge.

10.3. The Customer may only terminate the Agreement pursuant to Section 543 (2) sentence 1 no. 1 BGB for failure to grant use in accordance with the Agreement if Blinkin has been given sufficient opportunity to remedy the defect and such remedy has failed.

10.4. Blinkin does not assume any warranty for the Customer's internet access, in particular for the availability and dimensioning of such internet access. Blinkin also assumes no warranty for the Customer's systems on which the Platform is executed.

10.5. Blinkin does not warrant the accuracy of AI-generated outputs. Customers should independently verify AI-generated content before relying on it for business decisions. 

10.6. The Customer is not entitled to claim a payment reduction by independently abating the amount of the reduction from the current remuneration. This shall not affect the Customer 's claims under the law of unjust enrichment to reclaim the part of the remuneration paid in excess due to a justified reduction.

11.1. Blinkin shall be liable in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

11.2. In other cases, Blinkin shall only be liable - unless otherwise provided in Section 11.3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely (so-called Cardinal Obligation), limited however to compensation for foreseeable and typical damage. In all other cases, liability is excluded subject to the provision in Section 11.3.

11.3. Blinkin's liability for damages resulting from injury to life, body or health and under the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG) shall remain unaffected by the above limitations and exclusions of liability.

11.4. Insofar as liability is excluded under these provisions, this shall also apply to the liability of Blinkin's executive bodies and vicarious agents, in particular employees.

11.5. The limitation period for claims for damages by the Customer against Langdock shall be one year, except in the cases of Sections 11.1 and 11.3.

11.6. In the event of damage caused to the Customer by the conduct of an LLM provider, Blinkin's liability shall be limited to the assignment of Blinkin's claims against the respective LLM, insofar as such providers' terms and conditions allow for such assignment. This does not apply if the Customer itself is a contractual partner of the respective LLM provider. In this case, any liability of Blinkin for such damages is excluded.

12.1. Blinkin may suspend access to the Platform in case of material breaches of the Agreement. Customers will receive written notice and have 7 days to remedy the breach before suspension, unless immediate action is required by law.

12.2. In the event of temporary or permanent suspension, the access authorization will be blocked.

12.3. In the event of temporary suspension, access authorization will be reactivated after the suspension period has expired or the reason for suspension has finally ceased to apply, and the Customer will be notified by e-mail. Permanently blocked access authorization cannot be restored. Permanently suspended persons are permanently excluded from using the Platform and may not register again. If the Customer is permanently suspended, Blinkin is entitled to terminate the contractual relationship for cause.

12.4. Blinkin is entitled to delete content that does not comply with the conditions of Section 8 if the Customer does not delete such content within a reasonable period of time despite a request from Blinkin.

13.1. The Customer is permitted to use the Platform for the duration of the contract term.

13.2. The right of both Parties to terminate without notice for good cause remains unaffected. In particular, Blinkin has the right to terminate the Agreement without notice for good cause in the following cases: (i) the Customer becomes insolvent or over-indebted; (ii) a motion is filed to open insolvency proceedings against the Customer’s assets (whereby the provision of Section 112 of the German Insolvency Code (Insolvenzordnung, InsO) shall remain unaffected); (iii) the Customer is in default of payment of the agreed remuneration or a not insignificant part thereof for two consecutive months or is in default of payment of the current remuneration for a period extending over more than two months in an amount equal to the current remuneration to be paid for two months; (iv) the Customer repeatedly violates the Acceptable Use Policy despite prior warnings; (v) the Customer engages in fraudulent or unlawful activity using the Platform; or (vi) the Customer fails to comply with legal obligations, including data protection regulations, that create a liability risk for Blinkin.

13.3. Customer content will be available for retrieval for 30 days after contract termination. Thereafter, it will be permanently deleted unless retention is required by law. Blinkin shall not be responsible for any data lost after this period, and the Customer is advised to back up all necessary information before termination takes effect.

13.4. If the Platform has been provided to the Customer by means of Self-Managed Hosting, the Customer shall upon expiry of the contract term (i) immediately cease using the Platform (ii) completely and permanently delete the Platform and all program copies (including the Backup Copy) from their systems and (iii) return any other materials and documents provided by Blinkin to Blinkin at the Customer’s own expense.

13.5. Any use of the Platform after the end of the contract term is not permitted.

13.6. Subscriptions to the Blinkin Platform may renew automatically unless the Customer provides notice of cancellation before the renewal date. The renewal period and applicable terms will be communicated to the Customer before renewal. Customers will have the option to opt out of automatic renewal through their account settings or by submitting a cancellation request in writing. Further details on the renewal and cancellation process will be made available in the Customer's account or through Blinkin’s support channels.

14.1. "Confidential Information" within the meaning of this Agreement is any information (whether written, electronic, oral, digitally embodied or in any other form) disclosed to one Party by the other Party (or an affiliated company within the meaning of Section 15 of the German Stock Corporation Act (Aktiengesetz, AktG). This includes in particular
     trade secrets, products, software, including individual components, source code, manufacturing processes, algorithms, know-how, inventions, business relationships, business strategies, business plans, price lists and conditions:
     documents and information that are protected by technical and/or organizational measures and are marked as confidential or are to be regarded as confidential due to the nature of the information or the circumstances of transmission.

14.2. Not Confidential Information is information,
     which has been known or generally accessible to the public or the other Party prior to the disclosure or which becomes generally accessible at a later date without breach of a confidentiality obligation;
     which is disclosed to a Party by an authorized third party without breach of a confidentiality obligation.

14.3. The Parties undertake toto treat Confidential Information as strictly confidential and to use it only for the purpose of this User Agreement;
     to disclose Confidential Information only to those representatives whose knowledge is absolutely necessary and who will be bound by the content of this confidentiality agreement;
     protect Confidential Information against unauthorized access by third parties through appropriate confidentiality measures;
at the request of the other Party or without a request, at the latest upon termination of the User Agreement, to return all Confidential Information (including any copies) to the other Party at their own expense within ten days of receipt of the request or termination of the User Agreement, or to destroy it, provided that there are no statutory retention obligations to the contrary.

14.4. If Confidential Information does not meet the requirements of a trade secret within the meaning of the Trade Secrets Act, such information shall nevertheless be subject to the confidentiality obligations under this Section.

14.5. The confidentiality obligations pursuant to this Section shall continue to apply even after termination of the User Agreement.

15.1. Blinkin reserves the right to amend the services offered and these Terms of Service. Amendments are permissible to the extent that the respective amendment is necessary in order to take account of any changes that were not foreseeable at the time the contract was concluded, in particular changes to technical or legal conditions, including the conditions for the use of LLMs and third-party tools. Blinkin will take into account the legitimate interests of the Customer in each case. The extension of the scope of functions, in particular the inclusion of additional LLMs or the possibility of integrating additional third-party tools, shall be unilaterally possible at any time.

15.2. Material changes to these Terms require explicit Customer consent. If a Customer does not accept the proposed changes, they may terminate the contract within 30 days of notification without penalty.

15.3. Any amendment to the subject matter of the Agreement and the main performance obligations that would lead to a change in the contractual structure as a whole shall be excluded from the right to amend. In such cases, Blinkin will inform the Customer of the intended amendments and offer to continue the contractual relationship under the amended conditions.

16.1. The Agreements concluded between the Parties, including these Terms of Service, are governed by and construed in accordance with the material law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and private international law.

16.2. The exclusive place of jurisdiction shall be Munich, Germany. Any disputes arising from these terms shall be resolved through arbitration in accordance with the rules of German Arbitration Institute (DIS). However, Blinkin shall be entitled to sue the Customer at its general place of jurisdiction.

16.3. Before initiating legal proceedings, both parties agree to attempt to resolve any disputes through mediation or arbitration. If no resolution is reached within 30 days of initiating mediation, either party may pursue legal action in accordance with Section 16.2.

16.4. In the event that one or more provisions of these Terms of Service are or become invalid, this shall not affect the validity of the remaining provisions.

LLM: OpenAI Models; Mistral Models; Meta Models
Provider: Microsoft Azure
Terms of Service: https://www.microsoft.com/licensing/terms/productoffering/MicrosoftAzure/MCA#ServiceSpecificTerms

LLM: Anthropic Models; Amazon Models
Provider: Amazon Bedrock
Terms of Service: https://s3.amazonaws.com/EULA/Anthropic-EULA-1023.pdfhttps://aws.amazon.com/aup/?nc1=h_ls

LLM: Anthropic Models; Google Models
Provider: Google Cloud Platform
Terms of Service: https://developers.google.com/termshttps://ai.google.dev/terms